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(영문) 서울동부지방법원 2019.10.14 2019고단2272
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 26, 2019, at around 00:15, the Defendant, at the main point of Songpa-gu Seoul Building B and the second floor “C”, filed a report on 112 that “one male guest is present” and used the above title “E at around 20 seconds of the Seoul Song Police Station D Zone E, which was called to the site for returning home from the slope E belonging to the site, without any reason, while he was under the influence of alcohol.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. A written statement of F and G;

1. Application of the Acts and subordinate statutes governing damaged parts' photographs and documentary evidence CDs;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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] the obstruction of the performance of official duties [Type 1]/ the coercion of official duties [the scope of the recommended area and the punishment of recommendations] There is no person who has been forced to perform his/her duties] (the scope of the recommended area and the punishment of recommendations], the basic area of imprisonment with labor for six months to one year and six months [the general person who has been sentenced to suspension of execution] - The grounds for suspension of execution of general pride

3. Determination of sentence: Six months of imprisonment and two years of suspended sentence;

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