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(영문) 서울북부지방법원 2017.12.14 2017고단4394
공무집행방해
Text

The punishment of defendants shall be four months in prison.

Reasons

Punishment of the crime

On March 18, 2016, the Defendant was sentenced to a suspended sentence of two years for a period of four months by obstructing the performance of official duties in Seoul Northern District Court, and the judgment became final and conclusive on March 26, 2016.

On October 1, 2017, at around 20:10, the Defendant reported at the Defendant’s house located in the Seoul Central Franc-gu B and 4th floor, “I am at a house outside the house without any reason, and I am at the house, and at the same time I am at the house, I am at the house and reported that I am home, and that I am am home, and that I am at the end of diving and female.

“The content of the Defendant’s 112 report was sent out by the Defendant, and opened the door by a request for opening the door from C(30) of the Seoul Southern Police Station C Manc Police Station D(30).

Defendant refers to D, etc. that intends to hear the circumstances of the case by entering the house and hearing the case.

“Along with this, one’s own mobile phone reports 112, and one’s own mobile phone, “The police has been on the present house, what he knows is not a police, and how he knows it is not a police,” and one’s own desire to “I Chewing, I see this dog, I am.” and collected D’s mobile phone to this end.

The Defendant assaulted a police officer D who performs legitimate duties in dealing with the 112 reported case.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Crathographic image of a police officer in mobilization;

1. Criminal history: Application of the Acts and subordinate statutes to inquiry, inquiry, report on investigation (Attachment to the judgement, etc.);

1. Determination of punishment under Article 136 (1) of the Criminal Act, which is the legal provision on the crime;

1. Recommendation type of sentencing criteria: Imprisonment with prison labor for up to one year and six months;

2. Decision of punishment: to recognize errors;

There are three careers of imprisonment, suspension of execution, and fine 13.

This case was committed during the period of suspension of execution for the same crime.

The degree of violence is easy, but the behavior of the telephone operator without using it for police officers is in the period of suspension of execution.

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