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(영문) 서울북부지방법원 2018.05.10 2017고단4953
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 8, 2017, around 20:38, the Defendant: (a) took a bath that, without any justifiable reasons, he was under the influence of alcohol on the roads, such as C and D’s situation belonging to the Seoul Northern Police Station while working in the influence of alcohol, and C and D’s situation leading up to the patrol vehicle of the Seoul Southern Northern Police Station at the end of the patrol vehicle at the end of the patrol vehicle at the end of 53, the Defendant: (b) obstructed the foregoing behavior from the said patrol vehicle; and (c) interfered with the foregoing behavior from the said C and D’s police officer.

“In doing the bath theory, the chest of the above C was pushed the chest of the said C by hand, and was sealed with the head, and the chest of the said C was pushed the Defendant’s act. As such, it threatened the said D, which continued to restrain the Defendant’s act, with drinking.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention and control of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Application of Acts and subordinate statutes to a report on investigation (the analysis of black stay images);

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing) of the suspended sentence (the reasons for sentencing as set forth below) is [the scope of recommendation] where the extent of obstructing the performance of official duties is minor (one month to eight months) in the mitigated area (a person who has been specially mitigated) [a] assault or obstructing official duties (a decision of sentencing], and the extent of obstructing the performance of official duties is minor (a decision of sentencing), the defendant's mistake is recognized and contradictory; the circumstances leading to the crime in this case, the degree of obstructing the performance of official duties, circumstances after the crime, and other various conditions of sentencing such as the defendant's age, sexual behavior, family relationship, economic circumstances, etc. shall be determined as set forth in the Disposition

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