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(영문) 서울북부지방법원 2018.05.03 2018고단788
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 17:50 on October 1, 2017, the Defendant: (a) was asked to open a door from the slope E belonging to the Seoul Franchi Police Station D, which was called after receiving a neighboring report, while the Defendant was unable to lock the door to enter the house of his mother; (b) on October 1, 2017, the Defendant was allowed to open a door from the Defendant’s house located in Seongbuk-gu Seoul, Seoul; (c) the Defendant opened a door; and (d) sent back the breast part and the part of the Defendant’s house.

Accordingly, the defendant assaulted police officers who perform legitimate duties on the maintenance of public order.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on police statements made to E, F, and C;

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

1. Although the defendant with the reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is not less than that of a crime that uses violence against police officers despite many records of crime committed, the defendant is not deemed to have committed a crime and will not repeat the crime again;

The punishment as ordered shall be determined by taking into account all the records of this case, such as the fact that the defendant is taking place, the age, sexual conduct, motive and means of the crime, and circumstances after the crime, and the various sentencing conditions as shown in the trial process.

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