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(영문) 서울남부지방법원 2018.03.23 2017고단6372

공무집행방해

Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 16, 2017, 05:45, the Defendant: (a) sent to the Seoul Gangseo-gu Seoul Police Station E District on the front side of “D” located in Gangseo-gu Seoul, Gangseo-gu, Seoul, for the reason that the treatment of civil petitions does not lead to mind; (b) the police officer affiliated with the Seoul Gangseo-gu Police Station E District of the Police Station, who called to the “D”, solicited the Defendant to return home; (c) seems to pose a threat to the face of the police officer’s face; and (d) expressed the call to the Defendant’s face by hand.

As a result, the defendant interfered with the legitimate execution of duties of police officials on civil petition treatment and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of F's statement protocol Acts and subordinate statutes to the police;

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

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

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act shall be taken into account the contents, circumstances, etc. of the instant crime, and considering favorable circumstances, such as the Defendant’s age, sex, environment, family relationship, degree of damage, and circumstances after the commission of the crime, etc., the sentence identical to the order shall be imposed by taking into account the following factors: