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(영문) 서울중앙지방법원 2018.01.26 2017고단8617
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On November 26, 2017, at around 02:00, the Defendant assaulted D's face face level to be taken by a police officer belonging to the Seoul Police Station C District, who was dispatched to the site after receiving a report on November 26, 2012, 199, 27-ro 190 Gags apartment 106, Gags apartment 106.

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

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 a report on investigation (the counter-investigation of a wooden shooting range);

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: The crimes in this case are cases where the defendant committed assault against the police officer in the course of performing official duties, and the circumstances, methods, etc. are less favorable in light of the quality of the crime: The punishment as ordered shall be determined by taking into account the following factors: the background leading to the crime in this case, the degree and result of the damage, the circumstances after the crime, the age of the defendant, health, sexual behavior, environment, etc., and other various circumstances which form the conditions for sentencing as shown in the records and arguments in this case.

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