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(영문) 서울남부지방법원 2017.11.09 2017고단4073
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On April 20, 2017, at around 03:20 on April 20, 2017, the Defendant obstructed the performance of official duties by receiving a report from the head of the police station located in the D District of the Seoul Gangseo Police Station D, Gangseo-gu, Seoul, Seoul, to verify the circumstances thereof, and upon receiving a report from the head of the police station located in the D District of the Gangseo-gu Seoul, Seoul, Seoul, where the Defendant was dispatched. “I amb

“In doing so, the police officer interfered with the legitimate execution of duties concerning the maintenance of public peace and order by assaulting the above E level by hand on one occasion.”

2. In a case where a person runs in the same manner as Paragraph 1 of this Article at the same time and place as Paragraph 1 of this Article, the Defendant: (a) the victim E and F, a police official belonging to the police unit affiliated with the Seoul Gangseo-gu Police Station D District Unit of the Seoul Gangseo-gu Seoul Police Station, “Ping sark sark, sark sark, sarked.

The victims were openly insultingd by referring to the large brub "Woo".

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to E and F;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 311 of the Criminal Act;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] There is no basic area (from June to one year and six months) (the person subject to special sentencing) (the decision of sentence] [the decision of sentence] 8 months, the suspension of execution two years, and the crime of insult of 120 hours for the community service order, the sentencing criteria is not set.

Although the nature of the crime is not good such as assault and insult of police officers who perform official duties, there are favorable circumstances such as the fact that confession and reflects, and there is no criminal conviction heavier than the previous conviction and fine.

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