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(영문) 서울서부지방법원 2017.09.29 2017고단1684

공무집행방해

Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That 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 June 6, 2017, at around 03:48, the Defendant was under the influence of alcohol on the floor in front of the 129 Reading Station in Eunpyeong-gu Seoul, Eunpyeong-gu, Seoul, the Defendant was under the influence of alcohol. Seoul, upon receiving 112 reports, sent out after receiving the 112 report, set a blap in the future that occurs on the spot after receiving a request for returning home from a police officer, the background D belonging to the Gan Police Station C District, and E, she again set back on the floor, and the Defendant demanded the said D and E to return home again, and the Defendant demanded the said D and E to “a bit bit bitch fch fch fch fch fch ch

“In large interest,” he saw the back-to-face of E in front, and assaulted D’s face to restrain it once a drinking.

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

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Application of Acts and subordinate statutes on police statements made to E and D;

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

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. Article 62 (1) of the Criminal Act on the suspension of execution (The following sentencing shall be considered as favorable circumstances, etc. in the light of the importance of sentencing):

5. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order.

1. The sentencing guidelines for sentencing: (a) the basic area (six months to one year and six months), (special mitigation) the degree of violence, intimidation, deceptive scheme, or interference with public duties is insignificant / Where there are many public officials who have suffered damage (one type).

1. Unfavorable circumstances: The use of violence by the defendant against the police officer in uniform, the nature of the crime is inferior, and the defendant committed the crime in this case even though he had been punished twice for the same crime;

1. favorable circumstances: The defendant's age, sex, and other circumstances, such as the fact that he/she misleads the defendant when he/she comes to this court and reflects his/her wrong, and has no previous record of exceeding the fine;