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(영문) 서울북부지방법원 2018.08.31 2018고단2292
공무집행방해
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

around 14:10 on April 27, 2018, the Defendant was asked to leave the subway station located in the 45 subway station in Gangnam-gu Seoul, Gangnam-gu, Seoul, to find out the truth of the instant case from C and patrolmen, who were called out after receiving a report from 112, and who was requested to leave her female-friendly Gu in order to grasp the truth of the instant case from D.

“In the front of the Defendant,” the chest and the left part of C’s chest and face were pushed down by hand in two hands and arms if they are frightened.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The punishment as ordered shall be determined by taking into account all of the following factors: (a) one time a fine is imposed for a crime of violence with reason of sentencing under Article 62-2 of the Social Service Order Criminal Act; (b) the Defendant is in profoundly against his/her mistake; (c) the degree of interference with the performance of official duties; and (d) the degree of punishment as prescribed

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