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(영문) 서울서부지방법원 2018.11.06 2018고단3254
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

At around 20:40 on August 25, 2018, the Defendant continued to provide the remaining meals to the restaurant in Mapo-gu Seoul at “C cafeteria,” but the hours of the restaurant business have been closed, and the E affiliated with the Seoul Mapo Police Station D District, which called the Defendant upon receiving a report, attempted to leave the restaurant by putting the house out of the restaurant, upon requesting the Defendant to leave the restaurant. As such, as E prevents the Defendant, he/she acted in the manner that he/she sets up the food contained in the piling up on the floor of the cafeteria, and by threatening the E and the “I will throw away the string eye,” thereby obstructing the police officer’s legitimate performance of duties concerning the handling of reports by 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement concerning E and F, and a written statement of G;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime: Article 136 (1) of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order to provide community service: Reasons for sentencing under Article 62-2 (1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection;

1. The scope of punishment by law: Imprisonment for not more than five years;

2. Application of the sentencing criteria [the types of decisions] There is no type of crime obstructing the performance of official duties (Interference with the performance of official duties) [the area of recommendations and the scope of punishment recommended] (the scope of punishment recommended and recommended], the basic area of punishment, six months of imprisonment to one year and six months.

3. Determination of sentence: Imprisonment with prison labor for eight months and two years under a suspended sentence [unfair circumstances] 5 times (a favorable condition] records of violent crimes, and there is no record of punishment exceeding a fine, unless the degree of interference with the execution of official duties is serious;

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