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(영문) 서울남부지방법원 2017.06.30 2017고단503
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 February 5, 2017, at around 17:43, the Defendant: (a) was under the influence of alcohol on the front side of Guro-gu Seoul Metropolitan Government on February 5, 2017, and was reported by 112 during the process of driving D SP car, which is owned by C, and was called the Seoul Guro-gu, Seoul, Police Station E District Party, recommended him to return home; and (b) the Defendant died.

In doing so, “A police officer’s legitimate performance of official duties in relation to the prevention, suppression, and investigation of crimes by assaulting the F at the same time with his/her hand at one time.”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the statutes on records made by damaged police officers;

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 of the community service order;

1. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] shall interfere with the performance of public duties, and the basic area (fence of performance of public duties and coercion of duties) of the types of one (fence of performance of public duties in June to April); and

2. Taking into account the circumstances where the Defendant recognized and led to the determination of the sentence, the degree of interference with the execution of official duties, the records of crimes (two times before and after the sentence), the prosecutor’s former sentence (one year after the suspended sentence) and other sentencing conditions.

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