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(영문) 서울서부지방법원 2018.09.18 2018고단2139
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 June 5, 2018, the Defendant: (a) around 21:35, at the street in Yongsan-gu, Yongsan-gu, Seoul; (b) around 112, the police officers, such as the police officers affiliated with the Yongsan Police Station D Boxes of Yongsan Police Station, called "Sungsan Police Station", who had been called out after receiving 112 reports from the police officers, continued to go home to go home to the Defendant, and continued to go home to go home to police officers, and interfere with the police officers' legitimate execution of duties concerning the handling of 112 reports by the police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on internal investigation;

1. Application of the Act and subordinate statutes to certified video CD-related Acts and subordinate statutes to the victim police officers' coaches and motion pictures;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] the basic area (six months to one year and six months) (no person in special sentencing) shall interfere with the performance of public duties;

2. Determination of sentence: (a) the circumstances unfavorable to the Defendant, such as the fact that the Defendant committed a violent crime even prior to the instant case, and that the degree of the Defendant’s assault appears not to be light; (b) there was no previous conviction exceeding the fine of the Defendant; and (c) all of his errors are recognized; and (d) the circumstances favorable to the Defendant, such as the Defendant’s age, sex, family relationship, living environment, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, etc., shall be considered in consideration of various circumstances favorable to the Defendant; and (b) the sentence as ordered.

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