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(영문) 서울서부지방법원 2017.12.01 2017고단1496

공무집행방해

Text

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

2. However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On March 24, 2017, at around 23:25, the Defendant avoided the disturbance of “D hotel” located in Yongsan-gu Seoul, Yongsan-gu, Seoul, and had a hotel staff member, who was reported and dispatched after being reported to 112, controlled the slope F of the Yongsan Police Station E box belonging to the Yongsan-gu, Yongsan Police Station, which was called up, the Defendant, “the victim must have a bitched bitched bit of bitch, which would have been fluent. The Defendant grow up at the hotel.

"In doing so, it interfered with the legitimate execution of duties by police officers who received 112 reports by using violence in the manner of breathing the victim's breath by hand.

Summary of Evidence

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

1. Statement made by the police with regard to F;

1. Application of the G’s written Acts and subordinate statutes;

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

2. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., circumstances in which the following sentencing is favorable).

1. The sentencing guidelines for sentencing: Where the degree of violence, intimidation, deceptive scheme, or interference with public duties is minor in the mitigated area (one month to eight months), which does not exceed eight months (the scope of a recommendation) at the time of choosing a sentence of imprisonment (the scope of a punishment). < Amended by Presidential Decree No. 1729, Jan. 1 through 8 months).

1. Unfavorable circumstances: A criminal defendant has been subject to criminal punishment several times and, in particular, he/she committed the instant crime despite his/her past record of having been sentenced to imprisonment in a case involving violent crimes;

1. favorable circumstances: Taking into account all kinds of sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, environment, motive, means and consequence of the crime, etc. of the defendant, such as the fact that the defendant shows an attitude against him/her, such as deceiving the defendant to mislead him/her, the fact that he/she has no previous record of the same kind, and the extent of the assault