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(영문) 서울북부지방법원 2017.07.12 2017고단1958
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 10, 2017, at around 23:40, the Defendant used alcohol and food at the “C” restaurant located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, and obstructed police officers’ legitimate performance of duties regarding police officers’ 112 reports on mobilization, treatment, etc. by assaulting the following: (a) the police box belonging to the Seoul Franchi Police Station D, who was called upon receipt of 112 reports, recommended the Defendant to stop and return home; and (b) the police officers, who were in charge of drinking and drinking at the “C” restaurant located in Seongbuk-gu, Seoul; and (c) the police officers, who were in charge of drinking and drinking; and (d) the police officers’ 112 reports on dispatch, handling, etc. of police officers.

Summary of Evidence

1. Statement by the defendant in court;

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

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

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

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

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

2. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is minor that the degree of interference with the execution of public duties, such as assault, intimidation, deceptive scheme, or public duties, in the mitigated area (one month to eight months).

3. The sentencing conditions, such as the defendant's age, sex, environment, etc., can be determined as the order, in consideration of the fact that there is no record of punishment exceeding the same kind of power or fine, and that the defendant's age, sex, and environment are against it;

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