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(영문) 서울남부지방법원 2018.10.18 2018고단3766
공무집행방해
Text

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

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to two years of suspended execution on February 13, 2018 by obstructing the execution of official duties in the Incheon District Court’s Branch Branch, and was sentenced to two years of suspended execution on February 21, 2018, and the judgment became final and conclusive and conclusive during the suspended execution period.

[2] On June 3, 2018, around 00:25, the Defendant recommended the Defendant to return home to the Defendant by E, a policeman belonging to the D District Unit of the Seoul Police Station, Guro-gu, Seoul, which was called upon a 112 report on protective measures in front of the sentiments of the C Hospital located in Guro-gu Seoul, Seoul, but continued to be influence and sound on the lane, and the Defendant committed assault by E, such as a defect in regulating the disposition notified by E, i.e., a defect in regulating the disposition, i., e., “s.e., s., s.f., s., s.e., s., g., s., s.k. and s.m., s., s.k. and s., k

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. 112. Giving notice to the department related to the reported case, and inquiry about the written notification;

1. Previous convictions: References to inquiries, such as criminal history, and application of Acts and subordinate statutes of investigation reports;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, the reasons for sentencing of sentence of imprisonment with prison labor, and the reasons therefor;

1. Cumulative crimes, which are not concurrent crimes in the aggravated area (one year to four years) (special aggravated persons) (one year to four years), of the aggravated area (a person who interferes with the performance of public duties and coercion of duties) within the scope of one category (the scope of recommended punishment) in the course of interfering with the performance

1. The sentencing factors, such as the means and details of the crime committed in the decision of sentence, the degree of interference with the execution of official duties, the defendant's failure to committed the same crime during the period of suspension of execution after being known four months after being sentenced to a judgment of suspension of execution due to interference with the execution of official duties, and the defendant's past convictions for the same crime during the period of suspension of execution, such as interference with the performance of official duties, are five cases, and the defendant's age, sex behavior, environment, and other criminal records, are comprehensive.

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