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(영문) 서울북부지방법원 2017.11.22 2017고단4233
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 August 9, 2017, at around 08:35, the Defendant expressed that he was assaulted to her and her his father before the Defendant’s house located in Gangnam-gu B and B3, and that she was called to the Defendant’s house to listen to the Defendant’s mother’s statement, that she would visit the Defendant’s house in order to hear the Defendant’s report’s mother’s damage. The Defendant expressed that she “I will see why she comes into our house, B, I would see she would she she she she she she?” she will take the Defendant’s house, and she will she take the Defendant’s house to her hand with her hand, and she will “I she will enter she?” she will take the her chest’s chest with her hand, and she will she take the her cell phone to her mobile phone.

In the front, "the front" was called "the front door of the defendant's body inside the front door of the front door and the face was faced with the above E and the defendant was arrested as a current offender who interfered with the performance of official duties.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 report handling.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to investigation reports, accompanying documentary images, and field photographs;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. Scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment], the basic area (six months to one year and four months) (no person subject to special sentencing] of the types of Class 1 (Obstruction of Performance of Official Duties and Forced Performance of Duties).

3. That the degree of assault against the public official determined to be sentenced is considerably serious is disadvantageous.

On the other hand, the fact that there is no criminal history, the fact that there is a euthanasia and a euthanasia, and the reflective fact is more favorable.

The above circumstances consider the conditions of sentencing, such as the defendant's age, sex, and environment.

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