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(영문) 서울북부지방법원 2018.08.17 2018고단2083
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 30, 2018, the Defendant assaulted the following: (a) on March 30, 2018, the Defendant: (b) on the northwest-gun, Hongcheon-gun, Hongcheon-gun; (c) on the rest area near the 70km Seoul Northern Highway, the Defendant parked in the C high-speed bus standing in order to revoke the Defendant’s principal; and (d) on the bus, “the passengers are faced with the disturbance on the bus”; (c) on the ground of the defect in which the circumstances leading up to the D district of the Gangwon-gu National Police Agency patrol group for the Highway of the Gangwon-gu National Police Agency, the Defendant called out upon receiving the report of 112 and attempted to stop the bus in order to prevent the Defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (to hearF counter statement of a C bus driver) and investigation report (to verify the counter fact of the reporter);

1. Application of CD-related Acts and subordinate statutes

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;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment as ordered is determined by taking into account the following: (a) there has been a history of being punished several times as a crime of violence with reason of sentencing under Article 62-2 of the Social Service Order Criminal Act; (b) there has been a criminal record of being sentenced to a fine due to interference with the performance of official duties; (c) the Defendant has committed a violation against his/her own mistake; (d) the Defendant has no criminal record exceeding a fine; (d) the degree of interference

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