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(영문) 서울북부지방법원 2017.09.13 2017고단3093
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

On June 17, 2017, at around 22:27, the Defendant used a C cafeteria located in Gangseo-gu Seoul Metropolitan Government, Gangnam-gu B, and on the ground that “A male is broken himself/herself on the road, who is a police officer belonging to the Seoul Southern Police Station D District Unit of the Seoul Gangseo-gu Police Station, called upon receiving 112 a report, the Defendant assaulted the above E’s left knee on one occasion, such as “I am fele fele fele fele fele fele fele fele fele fele fe feas feas feas feas feas feas.” in the process of arresting the vehicle as the current offender who interfered with the performance of official duties and carrying the vehicle on the road.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the maintenance of public peace and order, suppression of crimes, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A investigation report (such as CCTVs, etc. in generated areas) and a closure photograph of on-site CCTVs;

1. Application of Acts and subordinate statutes to investigative reports (F telephone conversations of harvested persons);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) (no person subject to special sentencing] shall interfere with the performance of public duties.

3. The sentence shall be determined as per the order, in consideration of the conditions of sentencing, such as the age, sex, environment, etc. of the defendant, as it is deemed that the police officer, who has been able to assist the defendant while under the influence of making a decision on the sentence, has not been punished for violent crimes, but there is no record of punishment exceeding the fine, and it is against contingent crimes;

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