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(영문) 서울북부지방법원 2018.10.11 2018고단2995

공무집행방해

Text

The punishment of the accused shall be set forth in six months.

However, the execution of punishment 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 20, 2018, the Defendant, at around 22:57 on June 20, 2018, considered a large voice while under the influence of alcohol in the D District located in Dobong-gu Seoul Metropolitan Government C.

Women were assaulted.

"........ E was requested to present an identification card to E, and the E was sent to E on one occasion on one's own drinking.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of self-denunciation cases by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to CCTV CDs and CCTV images-cape photographs;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Type 1 (Interference with the performance of public duties and coercion of duties) area (six months to one year) of the basic area (one year from one year and six months) of the recommended punishment according to the sentencing criteria; and

2. The degree of the exercise of violence is not that of a police officer who uses violence against a police officer who intends to handle a case after entering the earth's zone under the influence of the decision-making of sentence.

On the other hand, the defendant seems to recognize and oppose the crime of this case, and there is no record of criminal punishment exceeding criminal punishment or fine due to the same kind of violent crime.

In addition, the sentencing conditions specified in the records and arguments, such as the defendant's age, occupation, sex, family relationship, circumstances before and after the crime, etc., shall be determined as the order.