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(영문) 서울중앙지방법원 2018.07.05 2017고단5615
공무집행방해등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 1, 2017, the Defendant was sentenced to imprisonment with prison labor for four months as a special property damage crime in Seoul Southern District Court, and the sentence became final and conclusive on December 9, 2017.

On August 6, 2017, the Defendant, at around 20:25, 2017, called Jongno-gu, Jongno-gu, Jongno-gu, Seoul, 99-ro, was drunk in front of the alley in front of the alley park, and received a report of his and her cryp, and d police officers called out after receiving a report of his and her cryp, and assaulted D’s right-hand cump on his and her hand at one time.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties.

around 00:50 on December 3, 2017, the Defendant assaulted the victim FF (29 years of age) who was the Defendant of tobacco on the street in the front of Jongno-gu Seoul Ethro, Jongno-gu, Seoul at around 00:50 on December 3, 2017, by drinking only once the victim’s face without any reason under the influence of alcohol.

Summary of Evidence

"2017 Highest 5615"

1. Statement of the defendant in the third public trial records;

1. Statement made by the police with D "2018 Highest 233";

1. Statement of the defendant in the third public trial records;

1. Application of the law of the police statement protocol to F;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (Interference with the performance of official duties), Article 260 (1) of the Criminal Act, and the choice of imprisonment, respectively, with prison labor;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. On December 1, 2017, the Seoul Southern District Court sentenced one year of the suspended sentence of four months for the crime of destroying special property, which was the following: (a) on December 3, 2017, the Defendant committed the instant assault on December 3, 2017, even though the Defendant was sentenced to a suspended sentence of one year for the crime of destroying special property in sentencing Article 62-2 of the Criminal Act.

However, there was no criminal history exceeding the fine at the time of each of the crimes in this case, and prior to the obstruction of the execution of official duties in this case and the final judgment, it is advantageous to equity in the case of judgment.

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