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(영문) 서울서부지방법원 2018.02.21 2017고단2746

공무집행방해등

Text

1. The defendant shall be punished by imprisonment with prison labor for not more than ten months;

2.Provided, That the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 5, 2017, the Defendant: (a) around 01:00, at the main point of “E” managed by the Victim D in Yongsan-gu Seoul, Yongsan-gu, Seoul; (b) the Defendant: (c) caused customers, who are in the said main points, to go out of the room by getting off the floor the bend; (d) let the bend the bend; (e) let the bend the bend; (e) let the bend the bend of the bend of the bend of the bend of the bend of the bend of the bend line; and (e) let customers

Accordingly, the Defendant interfered with the victim's main management by force.

2. On September 5, 2017, around 01:20, the Defendant assaulted the police box affiliated with the Seoul Yongsan Police Station F box, which was dispatched after receiving a report of 112 prior to the main points indicated in paragraph (1) on September 5, 2017, to listen to the instant situation, such as the defect of listening to the instant situation, the breath of the relevant G, with his hand, and snicking and sha

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to G or D;

1. Application of statutes on field photographs;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;

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

3. Article 62 (1) of the Criminal Act on the suspension of execution (The following sentencing shall be considered as favorable circumstances, etc. in the light of the importance of sentencing):

4. Article 62-2 (1) and proviso to Article 62-2 (2) of the Criminal Act on the observation of protection and observation;

5. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order.

1. The sentencing guidelines shall be recommended and sentenced: Six months through one year and ten months when a sentence of imprisonment is selected;

(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) is the basic area (six months to one year and six months), and there is no special sentencing factor (a person with special sentencing)

B. Class 2 Crimes (Obstruction of Duties) [Scope of Recommendation] Obstruction of Duties, the scope of final sentence due to the aggravation of multiple offenses (including serious efforts to recover damage) for which the mitigation area (one month to eight months) is mitigated (one month to eight months) (special mitigation person), which is not subject to punishment (including serious efforts to recover damage):