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(영문) 서울북부지방법원 2017.03.15 2017고단51

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On December 21, 2016, around 00:55, the Defendant assaulted C’s face twice by drinking alcohol, etc., on the front day of the National Bank located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul, with the report of 112, “I am on the roadside” and the police officers, etc. of the Seoul Gangnam-gu Police Station B police station B, called “I am on the back of the patrol seat.”

Accordingly, the defendant interfered with the legitimate execution of duties concerning the protection of the lives, bodies, and property of the police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence [the scope of recommendation] Article 62(1) of the Criminal Act, where the degree of violence, intimidation, and deceptive scheme is insignificant (one month to eight months) in the mitigated area (i.e., interference with the performance of official duties and coercion of duties), [the person with special mitigation] [the decision of sentence] the defendant has a record of being punished as an act of violence, and the defendant recognized errors and reflects them, the sentence shall be determined as ordered in consideration of the matters as prescribed in Article 51 of the Criminal Act.