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(영문) 서울남부지방법원 2017.12.19 2017고단4234
공무집행방해
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above 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 July 5, 2017, the Defendant reported on July 04:20, Geumcheon-gu, Geumcheon-gu, Seoul, “A driver is aboard the vehicle in which the driver opens a door,” and sent to the site after receiving 112 reports (O 2324), and asked the police commander D of the Seoul Geumcheon Police Station C police station C whether he/she was a substitute engineer to check the circumstances of the occurrence of the victim and to prevent drinking driving, etc., and whether he/she carried out the substitute engineer in order to prevent drinking driving.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention and control of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs damaged;

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 of the suspended execution (this case may be deemed to be a crime of assaulting a police officer who wear the uniform in this case)

However, considering the fact that the degree of assault is not serious, the fact that the person committed any contingent crime under the influence of alcohol, and the fact that the damaged police officer was killed in a serious trial, etc.)

1. The community service order under Article 62-2 of the Criminal Act;

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