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(영문) 서울남부지방법원 2018.08.23 2018고단2589

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 05:40 on April 4, 2018, the Defendant asserted that “I will not go to this point” before “C’s main points in Gangseo-gu Seoul Metropolitan Government, the Defendant: (a) reported and sent to 112, and that D District Assistant E was the main place in the Seoul Gangseo Police Station D District Assistant E, which called the Defendant; (b) provided a defective bath for E to go to the patrol in order for E to withdraw; and (c) carried out a defective bath for E to go to go to the patrol; and (d) took a son by hand, E was parked in B.

38 The knife part of the knife gun was attached to the knife, and the knife prevention device was removed.

Accordingly, the Defendant assaulted a police officer as above, thereby obstructing the police officer’s legitimate performance of duties concerning public safety and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. 112 Application of the 1. Internal History Report (Obstruction of Execution of Official Duties), Investigation Report (Attachment of 38 Gu Handet Photographs), Investigation Report (Listening to Fumphical Statements at the main shop) Act and subordinate statutes

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

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

1. In full view of the following factors: (a) details and progress of the crime of sentencing under Article 62-2 of the Social Service Order Criminal Act; (b) details and methods of the crime; (c) the degree of interference with the performance of official duties; and (d) the type of violent crimes committed against the Defendant; and (c) the criminal records of suspended execution due to the crime of interference with the performance of official duties