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(영문) 서울동부지방법원 2019.05.01 2018고단4144

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On June 20, 2018, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Seoul Eastern District Court on January 11, 2019.

On October 20, 2018, the Defendant: (a) around 23:35 on October 20, 2018, in front of the “C” restaurant located in Gwangjin-gu Seoul Special Metropolitan City, the police officers belonging to the Seoul Mine Police Station D District D District (the age of 31) called “C” (the age of 31) dispatched by customers after receiving a report of 112 that they would sleep out of the restaurant, shall not see how the Defendant gets out of the restaurant at the request of the above restaurant proprietor, and how he gets out of the restaurant, and whether or not he gets out of the other person.” On the ground that she said her her her her son, the Defendant assaulted her body “Ye ZE”, and assaulted her drinking twice on two occasions, as he she will have the face of E.

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

Summary of Evidence

1. Defendant's legal statement;

1. E statement;

1. Application of statutes concerning criminal records;

1. Penalty provisions: Article 136 (1) of the Criminal Act, and choice of imprisonment;

1. Concurrent Crimes Handling: The sentence of imprisonment with prison labor is reasonable for the reason that the sentence was executed on October 9, 2018, on the ground that the term of suspension of the execution of the sentence under the latter part of Articles 37 and 39(1) of the Criminal Act was two times as a fine for a term of suspension of the execution of the sentence (the imprisonment with prison labor for one year at the Daejeon District Court on December 22, 2016, which was sentenced to a two-year suspension of the execution of one-year imprisonment with prison labor, and that the said sentence was once sentenced to a one-time suspension of the sentence for the above crime.

However, when judgment is rendered simultaneously with the above criminal records, the term of punishment shall be determined by comprehensively taking into account the grounds for equity, etc.