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(영문) 서울서부지방법원 2017.08.11 2017고단1305
공무집행방해
Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the execution of the above 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 April 16, 2017, around 01:08, the Defendant reported at the front of Yongsan-gu Seoul, Yongsan-gu, Seoul and reported to the effect that “the drunk male is in the roadside,” and sent to the site, and stated D as a victim the charges of a slope D indictment belonging to the Seoul Yongsan Police Station C commander of the Seoul Yongsan Police Station, which was called to the site. However, it is difficult to view D as a victim since the crime of interference with the performance of official duties is not a violation of personal legal interests.

After being solicited to return home from D, he expressed a bath to D, and expressed D with his head at one time, he saw D's head on the part of D, cut D's body, cut D's body on the part of D's head, cut D's body on the face of D's body, cut off D's body on the part of the defendant's body, cut off D's body, cut off D's blap, flap and sping D's blap with his hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the maintenance of police officers' order and crime control.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

2. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable circumstances, etc. in consideration of the importance of sentencing):

3. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;

4. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses.

1. The recommended sentencing guidelines: One to one year and six months (the scope of a recommendation) in the case of choosing imprisonment, shall interfere with the performance of public duties, and the basic area (the interference with the performance of public duties and the coercion of duties) (the six months to one year and six months) (the person who has no special sentencing seal);

1. Unfavorable circumstances: Although the Defendant clearly perceived the other party as a police officer, the instant crime was committed several times, and the nature of the crime was inferior and the Defendant was punished several times, such as imprisonment with prison labor, etc., and in particular, even though he had been punished by a fine due to interference with the performance of official duties in 2014, the instant crime was committed.

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