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(영문) 서울북부지방법원 2018.03.22 2017고단5406
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 25, 2017, the Defendant: (a) 01:40 on November 25, 2017, 2017, the Defendant, who was under the influence of alcohol in the Seongbuk-gu Seoul Metropolitan Government and was requested by the victim C (58 tax), a substitute driver, who was in contact with the Defendant, to deliver the keys to the vehicle on behalf of the Defendant, was assaulted by the Defendant, i.e., “the victim’s imple, flaps,” and boomed the victim’s flaps, and flap the back head.

2. On November 25, 2017, at around 01:45, the Defendant: (a) received a report from 112 at the place specified in paragraph (1) at around 01:45; and (b) received a request for confirmation of security from E, the police officer of the D District Police Station affiliated with the Seoul Sejong District Police Station; and (c) stated that “Nices must come to and go to, and go to, the police; and (d) stated that “Nices must go to, their openings”; and (e) taken the front page of a cell phone, and used the cell phone by hand.

E’s grandchildren and assaulted the back of the E as a hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement statutes to E and C;

1. Relevant Article 136 of the Criminal Act, Articles 136 (1) and 260 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act does not include that the contents of each of the instant crimes are not easy, but are recognized by and against the depth of the Defendant, the recent marriage begins with the commencement of a new life, and the Defendant’s age, sex, environment, motive and circumstance of the crime, and the circumstances after the crime are considered, and all of the sentencing conditions indicated in the instant case’s records and changes shall be determined as ordered.

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