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(영문) 서울북부지방법원 2018.05.17 2018고단543
공무집행방해
Text

The punishment of the accused shall be set forth in six months.

However, the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 5, 2018, at around 23:29, the Defendant: (a) was under the influence of alcohol, and the Defendant was informed of the disturbance from F (45 tax) police officers belonging to the police station in Dobong-gu Seoul, Seoul, which called the “D” located in Dobong-gu Seoul, without paying the drinking value; (b) was subject to the control from the police officers belonging to the police station in the Dobong-gu, Seoul, which called the “D”, who called the “D” in Dobong-gu Seoul, with no paying the drinking value; and (c) was assaulted by F at one time by taking a bath against F.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Type 1 (Interference with the performance of public duties and coercion of duties) area (six months to one year) of the basic area (one year from one year and six months) of the recommended punishment according to the sentencing criteria; and

2. Not only has the record of being punished for the same kind of crime as the sentence is rendered, but also the record of criminal punishment by the act of violence is several times.

In addition, the sentencing conditions specified in the records and arguments, such as the defendant's age, occupation, sex, family relationship, circumstances before and after the crime, etc., shall be determined as the order.

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