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(영문) 서울남부지방법원 2017.10.12 2017고단3629
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

On July 16, 2017, at around 05:20, the Defendant was arrested as a flagrant offender under suspicion of assault by C, a police officer belonging to the Seoul Gangnam Police Station B, a police officer belonging to the Seoul Gangseo-gu Police Station B, who was dispatched after receiving a report No. 112 that the Defendant assaulted another person, at around 3 times in the 168, the Gangseo-gu, Gangseo-gu, Seoul, Gangseo-gu, 168.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] There is no basic area (from June to one year and six months) (the person subject to special sentencing) (the decision of sentence] [the decision of sentence] six months, the suspension of execution one year, the confession of the community service order as the first offender for 120 hours, and the reflection of it, etc.

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