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(영문) 서울동부지방법원 2018.11.08 2018고단2961
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

around 15:25 on August 20, 2018, the Defendant confirmed the details of the report by the police officer E belonging to the Seoul Gangseo-gu Police Station D police station, Gangnam-gu, Seoul who was dispatched to the Defendant after receiving a report from 112 that “A person who embling the embs and embs the embs” before Gangdong-gu Seoul Metropolitan Government C.

In the context of “Abspiting spiting spiting, spiting, and spiting spiting spitings” on the face of the above E, and assaulting the E’s body by hand.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

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 to report on investigation (to hear statements by police officers dispatched to the scene);

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: The fact that there was a record of punishment due to interference with the performance of official duties before, and the fact that the nature of the crime is not good that spits or assaults a police officer in the course of performing official duties: The fact that his/her mistake is divided and reflected, and other conditions for sentencing specified in the arguments, such as the defendant's age, sex behavior, motive, means and consequence of the crime, and the circumstances after the crime, shall be considered;

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