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(영문) 서울남부지방법원 2017.05.24 2017고단219

공무집행방해

Text

A defendant shall be punished by imprisonment for not more than ten 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

around 20:40 on January 10, 2017, the Defendant: (a) at the office of a child welfare center located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul; and (b) at the office of a child welfare center located in Yangcheon-gu, Yangcheon-gu, Seoul, the Defendant reported 112 and sought confirmation of the personal information of the Defendant, who was dispatched to the site by the police officer B of the Seoul Yangcheon Police Station B, who was dispatched to the site after receiving a report, at one time.

As a result, the defendant assaulted police officers C, thereby obstructing police officers' legitimate execution of duties concerning handling of reported cases and protecting people's lives, bodies, and property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment.

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

1. Taking into account the repeated crimes under Article 62-2 of the Criminal Act with regard to the surveillance and instruction of protection, taking lectures, and taking into account the fact that the crimes are repeated in the course of sentencing for the reason of sentencing, the punishment as ordered shall be imposed upon the defendant. However, the punishment shall be determined by taking into account the fact that the crimes are against the defendant, the fact that there is no record of criminal punishment in addition to the punishment once for the last five years,