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(영문) 서울동부지방법원 2019.08.19 2019고단1762
공무집행방해등
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

1. Around 17:30 on May 1, 2019, in order to verify the fact that the Defendant was under influence of alcohol in the taxi room of “C”, a taxi company located in Songpa-gu Seoul Metropolitan Government, the Defendant demanded the victim D, who is the chief of the dispatch division of the said company, to be in charge of sending back from the said company. However, upon hearing the victim’s answer that “I do not have a person in charge,” the Defendant “I would have no person in charge. I would am am h? h? h? h? h? h? h? h?? h? h? h?h?h? h?h? h?h? h?h?h? h?h?h? h?h? h?h? h?h?h? h?h?h? h? h?h? h?h?h?h?

Accordingly, the Defendant interfered with the victim's cab shift management, vehicle identification, etc. by force.

2. At around 18:00 on May 1, 2019, the Defendant: (a) was a taxi company located in Songpa-gu Seoul, Songpa-gu, Seoul; and (b) was requested by F to leave the said company’s marina Party to leave the said company’s marina Party and return home at the front of the said company’s 112 report; and (c) was used by F for the said company’s entrance at the front of the said company’s taxi station, which was called “C”, a taxi company located in Songpa-gu, Songpa-gu, Seoul; and (d) the Defendant dupliced

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of a DNA-camp video CD-related statute

1. Relevant Article 136(1) of the Criminal Act and Article 314(1) of the Criminal Act (Obstruction of Performance of Official Duties and Selection of Imprisonment) of the same Act concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

A. First Crimes of obstruction of the performance of official duties (determination of types of obstruction of the performance of official duties).

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