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(영문) 서울중앙지방법원 2018.11.01 2018고단5719

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight 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 August 23, 2018, the Defendant, at around 23:15, 2018, received a report in front of “C” main points in Gwanak-gu, Seoul Special Metropolitan City, on the street, and received a report from 112 that there was a person under the influence of alcohol, and then sent to the same place, the police box belonging to the Seoul Gwanak Police Station D, E, and the police officer F, “I am home, so I am home,” and “I see the horses of “I am, I am home,” and “I am, I am,” respectively.

Although the above E was trying to see the above police officers, it was assaulted by the following: (a) he she saw that he she would not cut fe, she would not cut her fright; (b) he she was frightened, and (c) he she was frightened by drinking and frighting her face; and (d) he she was frighted by spiting her face.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A witness statement in G and H;

1. Application of the Acts and subordinate statutes on the part of the victim;

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

1. As to the crime of obstructing the performance of official duties, such as the instant case, for the reason of sentencing under Article 62(1) of the Criminal Act, there is a need to strictly punish the crime in order to establish a national legal order and eradicate the light of public authority.

Not only has the record of being punished for the same crime as this case, but also has the record of being punished for violent crime.

Considering these circumstances as an unfavorable factor in sentencing.

On the other hand, it appears that the defendant recognized the crime of this case and seriously reflects the social ties, such as the family relationship of the defendant, and family members wanted the defendant's wife, and the defendant was under the influence of alcohol at the time of committing the crime. It is considered as a favorable sentencing factor such as finding the police officers after committing the crime, and seeking a letter of suspicion against his own misconduct.

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