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(영문) 서울북부지방법원 2017.07.26 2017고단1961
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 April 4, 2017, at around 21:40, the Defendant: (a) took a bath to E, etc. at a restaurant located in Jung-gu Seoul Metropolitan Government, which was reported by 112; (b) and (c) taken up one time as soon as he was arrested as a flagrant offender in front of the above restaurant, from the police officers G belonging to the F District Police Station of Seoul Jung-gu, which was dispatched after receiving a report by 112, on the same day from the police officers G belonging to the F District of the F District Police Station on the same day.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports and the control of crimes by police officers.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of suspects of E;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to photographs of the upper part of the body;

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. The scope of recommended punishment on the sentencing criteria [the types of decisions] the basic area [the scope of recommended punishment] 6 months - one year and six months - one year and six months - the basic area (the scope of recommended punishment] - the type 1 (the obstruction of and the coercion of duties in the area of interfering with the performance of public duties)

2. According to the decision of sentence, the sentence shall be determined in the same manner as the order, taking into account all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, circumstances, and circumstances after the commission of the crime.

Unfavorable circumstances: A police officer who has duly performed his/her duties has abused him/her to hinder the performance of his/her duties.

The favorable circumstances: the first offense.

All of the crimes were led to confessions, and the attitude to reflect in depth was presented.

It has not been re-offending.

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