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(영문) 서울서부지방법원 2019.11.27 2019고단3260
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 6, 2019, at around 23:30, the Defendant: (a) received the 112 report, and took part in the check from F, a police officer belonging to the Seoul Western Police Station Emba, who called the Seoul Western Police Station Emba, and called “F,” and used F to take part in F’s face at one time, with the left side of F’s face, and carried out a shoulder with the upper shoulder, and carried out a f’s external f’s f’s f’s f’s f’s f’s f’s f’s f’s fat.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the Act and subordinate statutes to the investigation report (Written Statements);

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. Under the decision of sentence, the sentence shall be rendered in the same manner as the order, taking into account all the sentencing conditions shown in the records, such as the defendant's age, character and conduct, environment, family relationship, circumstances after the crime, and circumstances after the crime.

[Liet circumstances] The fact that the defendant led to the confession of the crime, that the defendant made efforts to recover from damage by depositing one million won in F on November 11, 2019, that the defendant did not have any criminal record against him/her [friet circumstances] without any particular reason, and that the degree of the assault is not less easily applied to police officials performing official duties under the influence of alcohol without any particular reason.

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