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(영문) 서울북부지방법원 2017.05.31 2017고단1484

공무집행방해

Text

A defendant shall be punished by imprisonment for 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

1. On March 18, 2017, at around 22:00, the Defendant: (a) reported on March 18, 2017 that the Defendant, under the influence of alcohol in the direction of the Seoul Western-gu D, a police officer C (35 years) affiliated with the E box sent to the site after receiving a report that the Defendant is going to a disturbance on the road; (b) the police officer C (35 years) requested the Defendant to return home; and (c) the Defendant was able to take the head debt of the said C with his left hand.

As a result, the Defendant interfered with the police officer's 112 reporting process and legitimate performance of duties concerning the protection of the lives and bodies of the people.

2. The Defendant: (a) obstructed the performance of official duties to F by a police officer, at the time and place specified in paragraph (1) of this Article; (b) obstructed the performance of official duties to F by a police officer, on the ground that the police officer F (25 years old) affiliated with the police officer in charge of the instant police box, who tried to walk the crosswalk while walking along the pedestrian signal, etc. in a red condition, sold one time the left inside part of the said F on the road with the right bluter; and (c) obstructed the body part by the hand, thereby leaving the said F

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to photographs damaged;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to seven years;

2. Crimes No. 1 in the scope of the recommended punishment according to the sentencing guidelines / [Scope of the recommended punishment ] Crimes No. 2 in the basic area (6 months to one year and six months) of the first category (Interference with the performance of official duties and coercion of duties) (the scope of the recommended punishment / [6 months to one year and six months] of the basic area (the scope of the recommended punishment / The scope of interference with the performance of official duties/the performance of duties] of the basic area (6 months to one year and six months) of the first type (the prevention of interference with the performance of official duties/the coercion of duty] of the multiple offenses: The final scope of the sentenced punishment due to the aggravation of multiple offenses: six months to two months

3. It is possible to have the record of being punished as a final and violent crime; and