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(영문) 서울남부지방법원 2018.11.07 2017고단3660

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On June 10, 2017, at around 23:20, the Defendant: (a) received 112 reports from the stairs of the first floor underground of Guro-gu Seoul, Guro-gu, Seoul, and received a notification from 112, and was urged to return home from E by the police officer affiliated with the police box of the Guro-gu Seoul, Seoul, Police Station D police station, without any justifiable reason (i.e., “a son who takes a bath for flachie”, and (ii) took the victim’s bridge by force three times 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 for E;

1. 112 Reporting case handling table;

1. Application of Acts and subordinate statutes to a investigative report (to attachCCTV image data);

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 suspension of execution (see, e.g., Supreme Court Decision 62 (1) of the Criminal Act on the grounds that the defendant is not subject to criminal punishment exceeding a fine, the degree of violence