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(영문) 서울북부지방법원 2018.05.25 2017고단5784
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 around 16:14, the Defendant: (a) reported in the first floor of the building in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul; and (b) reported in 112 that the Defendant was in a building corridor; and (c) received a request for returning home from the E, security guards, and patrolmen, from the E, security guards belonging to the Seoul East-gu Police Station D Police Station; and (d) received a request for returning home from the E, security guards, where any;

Bador Bador

“I wishing to see that you will drink, display a food, and continuously expressed F the desire to see that you will see “I will die,” and that I would like to see F’s face.

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

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police for E;

1. A statement prepared by the F;

1. A detailed statement of the processing of reported cases;

1. Application of the photographic Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant appears to have recognized the crime of this case; and (b) the fact that there is no past record of criminal punishment heavier than that of a fine, is favorable to the Defendant.

However, in light of the circumstances and contents of the defendant's use of verbal abuse and assault against police officers, the criminal liability of the defendant is not less complicated.

The above circumstances include the Defendant’s age, sex, environment, motive, means and method of committing a crime, circumstances after committing a crime, etc., and all the sentencing conditions specified in the trial process are determined as ordered by comprehensively considering the records of the instant case and all the sentencing conditions.

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