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(영문) 서울북부지방법원 2018.07.25 2018고단2159
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 January 10, 2018, the Defendant: (a) around 04:20, on the street near the public playground distance of Gangseo-gu Seoul, Gangnam-gu, Seoul; (b) was under the influence of alcohol and was trained by the Inspector D, who was on the part of the police box belonging to the Seoul Gangnam-gu, Gangnam-gu, Seoul, the Defendant: (c) was placed in a taxi under the influence of alcohol; and (d) was sent to the taxi driver upon receiving a report of 112 during the dispute between the driver and the city guard; (d) was trying to leave the taxi site; (d) was laid down on the front line of the patrol vehicle; and (e) was laid down on the front line of the patrol vehicle; (d) was on the front line of the patrol vehicle; and (e) was opened to board it without permission, so that the said patrol vehicle was prevented from departing; and (e) was distorted by the ice D.

" and plucking up the arms by cutting down the left hand of ice D."

Since then, the defendant was arrested as a flagrant offender by the Inspector D and boarded on the back seat of the patrol vehicle, and it was difficult for the defendant to have avoided the disturbance by getting off the patrol vehicle's window by hand from among the Dos escorted to the release of the C vehicle located in Gangnam-gu Seoul Metropolitan Government.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to investigation reports;

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. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is committed against a police officer who was on the 112 patrol duty, and the nature of the crime is not good, and the defendant has a criminal record of the same kind.

However, it is favorable for the defendant to recognize the facts charged and seriously reflect it.

In addition, the age, sex, environment, and means and results of crimes of the defendant;

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