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(영문) 서울서부지방법원 2017.05.01 2017고단445
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

The Defendant, at around 05:50 on January 21, 2016, issued a warning that “D” club staff member in Mapo-gu Seoul Metropolitan Government may be punished for interference with the performance of official duties on the roads of the club, and that “in order to arrest the Defendant, the Defendant issued a warning that the Defendant would be punished for interference with the performance of official duties on the grounds that the Defendant was unable to enter the said club by the police officer belonging to the Mapo-gu Police Station Ear-gu dispatched for dispatch after receiving a report 112, and that the Defendant was unable to send the Defendant to the said club, and that the F would not have the Defendant returned to the house.”

"................ was assaulted on the part of the above F by having the chest of the said F...

Accordingly, the defendant interfered with the legitimate execution of duties concerning the report and the maintenance of order by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the law of the police statement protocol to F;

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

1. Selection of imprisonment with prison labor chosen;

1. In light of the following: (a) a police officer in uniform who solicits him/her to return home for a long time for the reason of sentencing under Article 62(1) of the Criminal Act; and (b) a police officer, who takes care of his/her motive and assault, was selected to be sentenced to imprisonment in light of the degree of interference with the performance of his/her duties by preventing the front of patrol vehicles, etc.; (c) the Defendant’s mistake is against himself/herself; (d) there was no record of criminal punishment; and (e) other factors of sentencing indicated in the records

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