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(영문) 서울북부지방법원 2018.03.28 2017고단5488
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 5, 2017, at the front of the Defendant’s house located in Seongbuk-gu Seoul, Seoul around November 22 and 10, the Defendant’s “not to contact with children for three years” was found to be a defect in the Defendant’s attempt to verify the details of the report by the victim D, a police officer belonging to the Seoul C District Police Station C District, dispatched after receiving the Defendant’s report from the Defendant 112, and the Defendant was under the influence of alcohol.

이 씨 발 놈 아 ”라고 욕설을 하고 이를 제지하는 피해자에게 “ 죽여 버린다 ”라고 소리를 지르면서 발로 왼쪽 허벅지를 2회 걷어찼다.

As a result, the Defendant interfered with the legitimate execution of duties concerning the dispatch of 112 reported police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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 on the suspended execution;

1. The fact that there are four times the records of punishment for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, and that this case is disadvantageous to the fact that the defendant directly reported the 112 report and used violence to the police officer dispatched after the defendant made the 112 report.

On the other hand, the fact that the defendant reflects his mistake in depth, and that the defendant has no criminal record is favorable.

In light of all the sentencing conditions stipulated in Article 51 of the Criminal Act, which are recorded in the records as above, the punishment is determined as per Disposition.

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