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(영문) 서울북부지방법원 2018.02.07 2017고단5150
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 29, 2017, around 13:17, the Defendant received a report from the Gangnam-gu Seoul Metropolitan Government building B, and the third floor “C-Public Notice Hostel,” and received a request from the superintendent of the police station affiliated with the Seoul Gangnam-gu Police Station D, Seoul, and received a request to express personal information from E, and “other or miscellaneous buildings”.

"Patn's mother-and-child working for E while taking advantage of his or her name, he or she laid off part of his or her work with two hands, and police officers F failed to do so by Defendant F, "I have been able to do so," and the mother-and-child whom he or she had been employed, and assaulted two times by getting his or her mother-and-child in his or her hands.

As a result, the Defendant interfered with the legitimate execution of police officers' duties by assault.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Application of statutes on police statements made to H to H;

1. Article 136 subparag. 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. 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 as ordered shall be determined in consideration of the sentencing conditions, such as the defendant's age, sex, environment, etc., that appears to be a contingent crime, the fact that there is no history of the same kind of crime, the fact that several times have been found by the damaged police officers, and that they have been making efforts to treat alcoholic respect, by taking into account the accused's age, sex, and environment;

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