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(영문) 서울북부지방법원 2018.01.17 2017고단4894
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 23, 2017, at “C cafeteria” located in Dongdaemun-gu Seoul Metropolitan Government, around 22:20 on October 23, 2017, the Defendant: (a) reported by the head of the Dong-gu Seoul Metropolitan Police Station D District Party E, who called out after receiving a report from 112 that she lrings and smokes in female customers face; and (b) on the ground that the head of the Dong-gu Seoul Metropolitan Police Station D District E, who called the Defendant to go home to the other party to perform alcohol and return home to the police, the Defendant “

“In doing so with the great desire, the water contained in the World Cup was spawned into the face of the above E and spawned into the instant World Cup, and assaulted by means of following the said E, thereby interfering with police officers’ legitimate performance of duties concerning the handling of reports by 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Photographs of criminal tools;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a medical certificate of injury);

1. Grounds for sentencing of punishment pursuant to Article 136 (1) of the Criminal Act and Article 136 of the Criminal Act concerning the facts constituting an offense;

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. The most favorable circumstance is that there is no particular criminal history, except that the sentence of sentence was sentenced to a fine due to a minor violent crime on 2015.

On the other hand, the crime of this case committed assaulting a police officer in a very insulting manner, such as releasing water from the face of the police officer and gathering water residues, when the police officer called out after receiving 112 report in a restaurant and soliciting him/her to return home, and he/she committed the crime of this case. Thus, the police officer's attitude seems to be very serious, and the public official who suffered damage up to this court is not subject to death, and it is disadvantageous that the court refused to arrest the defendant and did not reflect his/her criminal act even though the court solicited him/her to do so on several occasions.

The above circumstances are as follows.

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