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(영문) 서울중앙지방법원 2017.05.12 2017고단1924
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 31, 2016, at around 08:30 on December 31, 2016, the Defendant used the body fighting along with “C” located in Gangnam-gu Seoul Metropolitan Government B, and used the body fighting with “C” in front of the front line, the Defendant sent a 112 report to “W,” while working with D, the background leading up to the Seoul Gangnam Police Station F District at which the Defendant received the report that “A fighting occurred in front of the main place,” arrested D as a current offender; but he expressed to G “I e. math to bit bit bit,” “I khh, one kh kh h h h h h h h h h h h h h h h h h h h h h h h h h h h

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of the police officer G flagrant offender.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes in which statements made by the police in G are recorded;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (i.e., conditions favorable to the following reasons for sentencing)

1. The scope of the recommended punishment on the sentencing criteria / [type] the scope of the recommended punishment / [type] where the degree of violence is minor in the mitigation area [a person who has a special mitigation] of the mitigated area (a person who has a special mitigation of punishment / one month to eight months] of imprisonment;

2. In light of the circumstances that the Defendant’s decision of sentencing was disadvantageous to the police officer who arrests the current offender, the Defendant has no record of being punished for the same kind of crime or having been punished for a violent crime, and the Defendant has led to confession of the crime, taking into account the favorable circumstances that the degree of assault against the police officer is minor, and taking into account all the circumstances indicated in the arguments of this case, such as the Defendant’s age, sexual conduct, motive for the crime, and circumstances after the crime, the punishment as ordered shall be determined within the scope of the recommended punishment.

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