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(영문) 서울동부지방법원 2018.01.26 2017고단4024

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 27, 2017, the Defendant: (a) reported on November 27, 2017, 22:2:20, 112 before the “C cafeteria” located in Songpa-gu Seoul; and (b) removed the Defendant’s hand with the Defendant’s hand bearing clothes attached to the said reporter; (c) on the ground that the Defendant sent the Defendant’s hand to the scene, the Defendant: (d) sent the Defendant’s hand, by hand, keeped the Defendant’s shoulder shoulder at the right shoulder of the said reporter; and (d) completed the police.

In a number of times of blap, “Nemanda” assaulted, such as tearing the body part of the body dog of the above E, by taking the bath.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Place of work;

1. Application of the Act and subordinate statutes of the investigative report (hereinafter referred to as such image Cd and photograph);

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. Review of the sentencing criteria [the scope of the recommended punishment] and the basic area (referring to six months to one year and six months) of the sentencing criteria shall not interfere with the performance of official duties;

2. Determination of sentence shall be made in the same way as the order is given, comprehensively taking into account the following circumstances under which the sentence is rendered, the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime.

D. Unfavorable circumstances: The circumstances in which the defendant took a bath against the police officer in the course of performing his/her official duties and the defendant's crime of violence is not good: The defendant reflects his/her nature and repents his/her depth; there is no record of punishment exceeding the same kind of crime or fine.