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(영문) 서울서부지방법원 2017.07.14 2017고단1364

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 6, 2017, the Defendant: (a) on May 20:46, 2017, at the front of Seoul, and around 112, the victim E, a police box affiliated with the Seoul Western Police Station D police box, who was on board the patrol boat and called to the scene, arrived at the above place, and opened the chief door of the patrol box, and the above patrol lane was walking one time with the front door of the patrol patrol box of the victim, and assaulted the victim.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the maintenance of police officers' order and crime control.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of F and G;

1. Application of Acts and subordinate statutes to patrol vehicles, photographs of patrol vehicles, the first door on the front side of patrol vehicles, and the suspect's new floor;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommendation] The sentence shall be imposed in consideration of the following: (a) there is no basic area (from June to one year and six months) (the person who is subject to special sentencing] [the decision of sentencing]; (b) the fact that the sentence is late to recognize and reflects the crime; (c) the circumstances leading up to the crime; and (d) the history of the crime.