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(영문) 서울남부지방법원 2017.04.19 2017고단288
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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

around 21:59 on December 16, 2016, the Defendant paid the taxi fee in front of the Mosan Station located in Geumcheon-gu Seoul Metropolitan Government Mosan-dong in accordance with the direction of the assistant E belonging to the Seoul Geumcheon Police Station Down-gu, Seoul, which called the scene after receiving a report of 112, the Defendant paid the taxi fee in front of the Mosan Station, and then reported that the slope E was trying to stop home to the Defendant and return to the patrol to view the patrol duty, and prevented the Defendant from departing from the patrol by opening a door on the side of the patrol car. “The father is the police of the city, his father, who is the police of the patrol car, and the frith of the Mari-gu Mari Fri-si, who was sent to the scene by the 112 report. The Defendant sent the name of the Mancheon Fri-si, who was sent to the name of the Mancheon police station Mancheon-gu Mandong.

As a result, the defendant assaulted and threatened police officers to interfere with legitimate execution of duties concerning the handling of reported cases and patrol of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no record of punishment for the previous offense and the punishment for the punishment for the same offense, that there is no record of violence, that the degree of violence is serious, that confessions and reflects the crime, and that one million won is deposited for the victim, etc.);

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