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(영문) 서울동부지방법원 2018.01.26 2017고단3919
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 October 25, 2017, at around 00:25, the Defendant reported that the Defendant drinked and frighted at the Defendant’s residence located in Songpa-gu Seoul, Songpa-gu D and 202, and sent to the site after receiving a report from 112, the Defendant reported the Defendant’s drinking and frighted, and she taken the knife (14cm in length) at the singcke, and she took the knife to E; and

The death will be discarded.

총 쏘려면 쏴 라, 쏴 라. ”라고 협박하고 그 곳 선반에 놓여 있던 탈취제를 E를 향해 던졌다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] No person who does not have the basic area (from June to one year and six months) (the person who has been subject to special sentencing) [decision of sentence]. However, although the defendant's attitude of crime is defective, the defendant's recognition and reflects the crime, the defendant's initial crime without any criminal history, and the defendant's age, sex, criminal conduct, criminal records, criminal records, the means and result of the crime, and the circumstances after the crime, etc., are all taken into account, and the sentencing criteria are somewhat exceeded, and the sentence is determined as ordered.

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