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(영문) 서울서부지방법원 2020.04.08 2019고단4132
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On October 23, 2019, at around 00:20, the Defendant received 112 reports to the effect that a taxi engineer and a Si guard are located in Eunpyeong-gu Seoul Metropolitan Government, and sent it to the police D belonging to the Seoul Western Police Station C District of the Seoul Western Police Station, which called “I send an article when you reported in the field,” and by hand, D’s chests and shoulder parts are cut back by hand, and D’s 27 minutes cannot move by blocking the front of the carbon patrol vehicle.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes on black boxes and video CDs;

1. Article 136 (1) of the Criminal Act applicable to the crimes;

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

1. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the coercion of official duties [the scope of the recommended area and the punishment of recommendation], the basic area of the recommendation [the scope of the recommendation area and the punishment of recommendation], six months to one year and six months;

2. The sentence shall be determined as ordered in full view of all the conditions of sentencing, including the fact that it is a violence event against the police officers who have determined the sentence of sentence, while it appears to be an contingent crime while under the influence of alcohol, and other various conditions of sentencing, such as the age, character and conduct, environment,

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