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(영문) 서울남부지방법원 2017.05.25 2017고단596

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 January 31, 2017, at around 17:21, the Defendant reported that a assault case occurred in front of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, to check the personal information of the Defendant, who was a party to the assault case by a police box affiliated with the Seoul Yeongdeungpo-gu Police Station C police box, Yeongdeungpo-gu, Seoul, to check the personal information of the Defendant, who was a party to the assault case, and assault the Defendant, such as walking the clothes of D once.

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. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment.

1. Determination of sentence was made by comprehensively taking into account the following factors: (a) the reason for sentencing under Article 62(1) of the Criminal Act, the Defendant was the primary offender; (b) the confession and reflection of a crime; (c) the Defendant’s age, sexual conduct; (d) the circumstances after a crime was committed; and (e) various sentencing conditions indicated in the theory

It is so decided as per Disposition for the above reasons.