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(영문) 서울중앙지방법원 2018.09.06 2018고단3644
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 October 22, 2017, around 00:20 on October 22, 2017, the Defendant: “C Burial located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City,” the Defendant 112 reported 112 that she she fights between the Defendant’s female-gu and his/her wife, and she she she takes the place with a view to asking questions about the circumstances of the instant case from the police officer E who was dispatched to the scene after receiving a report.

Then, the police officer, who filed a petition for the defendant, took a bath to F, boom his chest several times by hand, and interfered with the police officer's legitimate execution of duties concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, G, and H;

1. Application of the Acts and subordinate statutes to photographs by capturing CCTVs;

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 fact that the defendant for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act has a history of being sentenced to the suspension of the execution of imprisonment with labor due to interference with the execution of official duties one time, the defendant at the time of the instant case has a very strong resistance against the police officers, while the defendant shows the perception of and reflect against the mistake, and the other factors of sentencing are all considered to be determined as the sentence as ordered.

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