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(영문) 서울북부지방법원 2017.12.13 2017고단4391
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 28, 2017, around 01:30 on September 28, 2017, the Defendant contests with the Defendant’s wife in front of the subsequent apartment house B, Jung-gu Seoul.

“A police officer C, etc., who was dispatched after receiving a report 112, was notified of violation of the Punishment of Minor Offenses Act (Disturbing Drinking) by a police officer C, etc., who belongs to the Seoul Central Franc Police Station. A mobile phone used the above C’s cell phone at one time, and used the above C’s right knee, while arresting a flagrant offender from the above C, etc.

As a result, the suspect interfered with the handling of the 112 reported case by police officers and the lawful execution of duties related to the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Photographs;

1. The application of Acts and subordinate statutes to a criminal investigation report;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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 punishment shall be determined, like the order, by exceeding the lower limit of the sentencing criteria, in consideration of the fact that the number of years sentenced to a fine is more than twice, the degree of violence against a public official is not less light, the defendant's age, sex, environment, etc., and the conditions of sentencing, such as the defendant's age, sex, environment, etc.

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