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(영문) 서울북부지방법원 2018.09.13 2018고단2353
공무집행방해
Text

The punishment of the accused shall be eight months by imprisonment.

However, the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 18, 2018, at around 02:15, the Defendant: (a) placed an agent C in front of the “Wurg loan at the Sung-si, Dong-gu, Dong-gu, 53 Dog-ro, 85, in the direction of the “Surg Loans at the Sung-gu, Ho-dong, Ho-dong, Ho-gu, Sung-gu, Ho-dong; (b) placed the Defendant in diving without notifying the destination

At around 02:40 on the same day, the Defendant did not inform the destination in front of the “Dried apartment”, which is located 48:62-gil-ro, Jung-gu, Seoul, Jung-gu, and is not broken down in locking, and therefore C does not occur as an agent, and there is no customer.

“The 112 report was required to return home with the explanation of the dispatch from Down Police Station E at the Seoul Central District Police Station D major E, which called “the site was dispatched after receiving the report.”

The defendant, under the influence of alcohol, she takes the so-called so-called fingers by sticking severe fingers between his or her autopsy and his or her stop, and her will to do so.

“.......... E’s hand at one time due to the warning received from E..

Accordingly, the defendant assaulted E and interfered with the legitimate execution of duties by police officers on the 112 reported dispatch duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. Investigation report (Analysis of a sound file recorded by damaged police officers E);

1. Application of the instant audio recording file CD-related statute

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

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

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act on orders to provide community service and attend lectures;

1. Type 1 (Interference with the performance of public duties and coercion of duties) area (six months to one year) of the basic area (one year from one year and six months) of the recommended punishment according to the sentencing criteria; and

2. The crime was committed by a police officer who was called out and tried to help him/her return home after having received a report of 112 decision of sentence, and who used violence;

Considering the contents of the abusiveism and the degree of violence, it is not good that the crime is committed.

Furthermore, the defendant is a crime that has used violence, such as the crime of injury and violence.

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