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(영문) 서울남부지방법원 2017.04.20 2017고단934

공무집행방해

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On March 2, 2017, at around 22:55, the Defendant: (a) received a report from D hotel located in Gangseo-gu Seoul Metropolitan Government, on the front day of the D hotel located in Gangseo-gu, Seoul; and (b) received a recommendation from F (28 taxes) to return home from a police officer belonging to the E District of Seoul, Gangseo Police Station E District, which called “police bombing” from the police officer; and (c) committed assault to F when the Defendant was her mother and her son, who was in possession of a bath to “police bombing.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and G;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Order to Attend the Course is not good in that the Defendant committed the instant crime even after having been sentenced to a suspended sentence due to his previous force, and even after having been sentenced to the suspended sentence.

However, the sentence was determined by comprehensively taking into account various sentencing conditions, such as the fact that the defendant appears to have committed a contingent crime under the influence of alcohol, the confession and reflection of the crime, the age, sexual conduct, circumstances after the crime, family relationship, etc. of the defendant, and the changes in the records.

It is so decided as per Disposition for the above reasons.