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(영문) 서울남부지방법원 2018.01.10 2017고단5334
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 September 30, 2017, around 23:10 on September 30, 2017, the Defendant: (a) avoided disturbance, such as destroying the entrance glass of the Defendant’s pro-Japanese-gu Seoul Housing; (b) pro-Japanese disputes, among pro-Japanese disputes, and reported by neighboring residents; and (c) reported 112 by neighboring residents upon receiving the above 112 report; (d) the police officer D of the Seoul Yeongdeungpo-gu Police Station C police box belonging to the Seoul Yeongdeungpo-gu Police Station C police box, who was dispatched to the site; and (e) the Defendant tried to continuously walk his pro-Japanese by listening to the circumstances of the case against two persons; and (e) the police officer D tried to walk his pro-Japanese in a way that he tried to use his pro-Japanese from behind the Defendant; and (e) the police officer D tried to stop this by using the method of

R. N. D. H. M. H. M. M. H. H., using his back head, assaulted D’s face.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting processing duties.

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 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The crime of interference with the performance of official duties is highly likely to be punished by severe punishment by the act of light of public authority and disturbing legal order; the criminal background and method of the defendant's crime are not very good; and the circumstances after the crime are committed, such as continuing to assault a police officer even after the crime, are contrary to the unfavorable circumstances: The defendant's age, sexual behavior, environment, etc.; and the punishment as set forth in the order shall be determined by taking into account the sentencing conditions indicated in the record.

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