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(영문) 서울남부지방법원 2018.11.14 2018고단4568
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of a sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 5, 2018, at around 17:08, the Defendant avoided a disturbance of drinking at a D-do restaurant located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul. On September 5, 2018, the Defendant continued to enter the restaurant even after leaving the restaurant, such as police officers F of the Seoul Yeongdeungpo-gu Police Station E box called upon upon 112, and continued to depart from the above restaurant, and F took a bath to F, while taking a bath to F, the Defendant saw F with her face.

As such, the Defendant assaulted police officers F, thereby obstructing the performance of legitimate duties concerning F’s crime prevention, maintenance of order, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of F in the police interrogation protocol concerning the accused;

1. Statement made by the police with respect to F;

1. A written statement of G;

1. A place where he/she will serve in a police box;

1. On-site photographs;

1. Application of Acts and subordinate statutes on site photographs and persons under consideration;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime (the point of obstructing the performance of official duties and the choice of imprisonment);

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

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) (no person subject to special sentencing] shall interfere with the performance of public duties;

2. Circumstances unfavorable to the decision of sentence: The crime of this case is committed against a police officer dispatched after receiving a report by the defendant, and the crime of this case is not less severe;

The police officer expressed his intention that he does not want to punish the defendant.

The defendant shows the appearance that he is against and does not repeat the crime.

There are many things.

There is no history of criminal punishment in addition to the previous fine.

In addition to the above circumstances, various circumstances, such as the method of crime and the degree of interference with the performance of official duties, the contents of assault against police officers, the circumstances after the crime, and the age, sexual conduct, environment, etc. of the defendant, are the conditions for sentencing as shown in the records and arguments of this case.

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