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(영문) 서울서부지방법원 2018.02.20 2017고단2955

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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 August 25, 2017, around 01:25, the Defendant, on the front side of the 204 upper apartment road in Mapo-gu Seoul, Mapo-gu, Seoul, with the report of 112 that the customer and the taxi might be viewed as “a bit of bitch, bitch,” and expressed a bath to the slope D belonging to the Seoul Mapo Police Station C District, which was called “a bit of bitch, bitch,” and threatened D’s face to be taken by drinking, and assaulted D’s chest and shoulder part by hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to the result of viewing the mobile phone photographing images by CD reproduction;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of punishment according to sentencing guidelines] The basic area (fe.g., obstruction of performance of official duties and coercion of duties) of Type 1 (fe., June through January 6) (f.g., the decision of sentence] the defendant reflects the crime of this case, the degree of the type of force that the defendant inflicted on the victimized police officer, the circumstances of the crime of this case, the circumstances of the crime of this case, the defendant was punished for violent-related crimes, but there was no criminal punishment since January 2006, there was no punishment heavier than the fine, and there was no other punishment heavier than the fine, the defendant's age, sex, environment, circumstances after the crime, etc., and the recommended punishment according to sentencing guidelines as set forth in Article 51 of the Criminal Act shall be determined as ordered.