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(영문) 서울북부지방법원 2017.04.26 2016고단5744
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 9, 2016, the Defendant: (a) reported on October 22 and 36, 2016 that he had a customer who was under the influence of alcohol within the Seongbuk-gu Seoul Metropolitan Government “D main store,” and received a report from 112 that he had a customer who was not locked in his house; and (b) called “the slope F of the Seongbuk-gu Police Station E District,” which caused the Defendant and called “the Defendant,” (c) the Defendant spawns the jus of the said F in both hands, and (d) off the spawn, and (e) down, the Defendant spawn with the knife in the East gate, the knife, the knife, the knife, the knife

”라고 소리치며 바지를 벗은 다음 주먹을 쥔 채 위 F을 때릴 듯이 위 F에게 달려드는 등 폭력을 행사하였다.

Accordingly, the defendant interfered with the 112 reporting processing, which is a legitimate official duty of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. The reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence include the fact that the defendant has been punished for the same kind of crime, reflects the fact that the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, etc., the punishment shall be determined as ordered in consideration of the circumstances after the crime, etc.

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