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(영문) 서울북부지방법원 2018.06.21 2018고단1665
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 16, 2018, the Defendant, while under the influence of alcohol around 22:20 on March 16, 2018, was transferred to the patrol vehicle located in Seongbuk-gu Seoul, and the Defendant was transferred to the patrol vehicle located in Seongbuk-gu, Seoul, for the control of commercial sex acts, from E to the police officer belonging to the D District Police Station in Seoul.

“There is a fact that the person was challenged.”

Since then, when the police officer E enters a "C" building and controls it, the defendant is different from the defendant to E and the "I am to the police officer here."

“E” shall mean that “this place shall not enter the control site.”

“Iskn out of the building with the Defendant and enter the ice house”

The Defendant expressed that “the son is bitch bitch bitch bitch bitch,” and assaulted the above police officer’s chest as a son.

Accordingly, the defendant interfered with legitimate execution of duties by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Photographs photographs of moving pictures of mobile phones;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 136 of the Criminal Act, 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 provides that the Defendant was punished by a fine for the same kind of crime.

Nevertheless, the crime of this case was committed again.

However, the defendant is in depth against the defendant when committing the crime of this case.

The occurrence occurred in a contingent manner.

In addition to a fine two-time criminal offense, there is no other criminal offense.

Family's livelihood and father's nursing expenses are responsible.

The punishment shall be determined as ordered by comprehensively taking into account such circumstances, the age of the defendant, sexual conduct, motive for the crime, and circumstances after the crime.

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