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(영문) 서울북부지방법원 2017.11.01 2017고단3863
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 July 20, 2017, at around 23:20, the Defendant: (a) reported by the Defendant on the road at the 494-ro Dobong-ro, Dobong-gu, Seoul, Dobong-gu, Seoul on July 20, 2017, on the ground that C (44 years old) belonging to the Dobong Police Station B located on the road, which was called out by the Defendant on the road; (b) C (44 years old); and (c) the Defendant, on his own initiative, walking the above C’s platform one time to walk; and (d) the Defendant, “A”, as seen above, was find, find rice Doz.

The "police" is also the subject of the police.

In other words, the term "unsatise, unsatise," and the face of the above C has served as drinking.

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. Application of the police statement protocol law to C

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. Scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment], the basic area (six months to one year and four months) (no person subject to special sentencing] of the types of Class 1 (Obstruction of Performance of Official Duties and Forced Performance of Duties).

3. The punishment shall be determined by the order, after the exception of the lower limit of the sentencing criteria, in consideration of the following: (a) the offense is bad in nature by assaulting the police that attempts to assist a defendant while under the influence of the decision of sentencing; (b) there is no record of punishment exceeding the fine since 201; and (c) the accused’s age, sex behavior, environment, etc., and other conditions of sentencing;

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