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(영문) 서울북부지방법원 2017.07.12 2017고단1995
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

around 13:20 on May 9, 2017, the Defendant: (a) while drinking mixed alcohol in Dongdaemun-gu Seoul, Dongdaemun-gu, and D; and (b) upon receiving a report from 112, the Defendant was demanded by F to undergo an examination and present identification card; and (c) upon receiving a request from the police officer belonging to the Seoul Eastern Police Station E District; and (d) the Defendant was called for the Defendant to undergo an examination and present an identification card.

“I am her bath,” and assaulted the left-hand her hand at one time on the her hand.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers on the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The application of Acts and subordinate statutes to report on investigation (to listen to the statements of a wooden shot person and to CCTV verification);

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is minor that the degree of interference with the execution of public duties, such as assault, intimidation, deceptive scheme, or public duties, in the mitigated area (one month to eight months).

3. The sentencing conditions, such as the defendant's age, sex, environment, etc., can be determined as the order, in consideration of the fact that there is no record of punishment exceeding the same kind of power or fine, and that the defendant's age, sex, and environment are against it;

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