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(영문) 서울남부지방법원 2017.10.26 2017고단4181

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

The defendant around 01:10 on August 22, 2017, at the front of the "D" main point in Gangseo-gu Seoul Metropolitan Government Gangseo-gu, Seoul, and at the front of the "D" main point of "D", women had to go with customers.

’ 는 내용의 112 신고를 받고 출동한 서울 강서 경찰서 E 지구대 소속 순경 F로부터 다른 손님에게 시비를 거는 것을 제지 당하자 발로 F의 낭 심을 걷어찼다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the respective Acts and subordinate statutes of G, H and I

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 reason for sentencing under Article 62-2 of the Criminal Act of the community service order is that the defendant, who was under the influence of alcohol, assaulted a police officer in the course of performing official duties, is not less severe, but there is no criminal record, wrong facts other than a fine, and the punishment shall be determined as ordered in consideration of the circumstances after the crime, such as the circumstances of the crime, the method and consequence of the crime, and the like.