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(영문) 서울서부지방법원 2018.03.14 2018고단106
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 December 30, 2017, at around 08:25, the Defendant: (a) received a report from “C” located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, on the front of the main point of “C”, and was sent to the Defendant, who was urged to return home from the slope E belonging to the police box belonging to the Seodaemun-gu Seoul, Seodaemun Police Station D police station, and the police officer, who was urged to have the said E returned home from “C”; and (b) committed assault, such as having the said E’s upper part of the said F’s arms, shoulder part, shoulder part, and breast part, which were pushed back several times.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Some statements made against the defendant during the police interrogation protocol;

1. Application of Acts and subordinate statutes on police statements made to F and E;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (in consideration of the circumstances, such as the fact that he/she reflects his/her mistake and has no record of punishment exceeding the fine);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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