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(영문) 서울서부지방법원 2018.09.18 2018고단2485
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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

Criminal facts

1. On July 8, 2018, at around 22:30, the Defendant obstructed the police officer’s lawful performance of duties concerning the handling of report 112 by a police officer, such as cutting off, cutting off, cutting off, and cutting down, cutting down, and interfering with the progress of the patrol by cutting off, cutting off, cutting off, and cutting off, the right right side of the patrol box, and obstructing the police officer’s performance of duties concerning the handling of report 112 by a police officer, who was called to the scene after receiving 112 report.

2. The Defendant is in hearing about five persons, at the time and place specified in paragraph 1, and the victim E, a police box affiliated with the Seoul Western Police Station D Police Station D, who is a police officer of the Seodaemun-gu Seoul Police Station, will manage and manage the victim E from her birth.

50 Ma20 Ma20 Ma20 Ma20

A. police Doese

The victim openly insultingd, such as referring to “the bit of bit of bit of a bit of a bit of a bit of a bit of bit.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on internal investigation (related to the verification of mobilephone images), and a report on internal investigation (related to the verification of mobilephone images);

1. Investigation report (related to interference with the performance of official duties) and investigation report (shot photographs to the right side of patrol car);

1. Application of Acts and subordinate statutes to the investigation report (a wooden statement);

1. Relevant legal provisions and the choice of punishment concerning facts constituting an offense: Imprisonment with prison labor under Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 311 of the Criminal Act (the point of insulting), and Article 136 of the Criminal Act;

1. Aggravation of concurrent crimes: The punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is aggravated by concurrent crimes with the punishment imposed for a crime of interfering with the execution of heavier public duties, but to the extent that the punishment is aggregated by the maximum term of two crimes);

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order to provide community service: Reasons for sentencing under Article 62-2 (1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection;

1. The scope of punishment by law: Imprisonment with prison labor for not more than six years;

2. Application of the sentencing criteria (a type of determination) is one type of crime obstructing the execution of official duties (a obstruction of the execution of official duties).

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