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(영문) 서울북부지방법원 2018.12.20 2018고단4039
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 September 10, 2018, around 21:45, 2018, the Defendant showed that, in front of Dongdaemun-gu Seoul, a slope E belonging to the Seoul East-gu Police Station D without permission, the Defendant was taking measures to discover and guide a person crossing the Defendant, and the Defendant Dang to the Assistant E., “I am on one hour after he was cut off the Defendant’s control Stick. However, why is, a low woman was cut off with the Defendant’s Stick.

“I” sound, with his hand pushed the shoulder and body of sloping E three times, and have left the workplace uniform.

The Defendant continued to be punished by interference with the performance of official duties from a slope E with the speech that the Defendant may be punished by a interference with the performance of official duties from a slope E, and if he deducts the cell phone on the right part of the slope E, “thep name is changed;

The name of the public official shall be clearly stated in D, B, and C, and the civil petition shall be put in the B, B, and I shall not be aware of it.

“Along with sound and double hand, the body of a slope E was strongly pushed.”

As a result, the defendant interfered with the legitimate performance of police officers' official duties, traffic guidance and control.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommended punishment according to the sentencing guidelines [the types of decisions] interference with the performance of public duties, the first type (Interference with and Forced Performance of Public Duties) (the scope of recommended punishment] basic area, six months of imprisonment, six months of imprisonment; and one year and six months of imprisonment;

2. In this case, the sentence of sentence is rendered with the use of violence against police officers, and the nature of the crime is not good.

However, in consideration of the various circumstances shown in the pleadings of this case, such as the fact that the defendant is recognized as committing a crime, and the degree of violence is minor, the fact that there is no record of the same kind of punishment, and the age, sex, environment, motive and consequence of the crime, and circumstances after the crime, etc., the punishment as the order shall be determined.

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