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(영문) 서울남부지방법원 2017.08.10 2017고단2348
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 17, 2017, the Defendant did not pay the drinking value on the paths located in Geumcheon-gu Seoul Metropolitan Government Geumcheon-gu.

“A police officer was notified of violation of the Punishment of Minor Offenses Act (Fence) on the grounds that police officers and police officers posted to the scene after receipt of 112 reports to the effect that “The police officer sent to the scene D, the police officer assigned to the Seoul Geumcheon Police Station C, and the police officer sent a notice of violation of the Punishment of Minor Offenses Act (Fence) on the ground that police officers failed to pay the drinking value, and assaulted the police officer’s lawful performance of duties on the handling of the reported case on 112 reports by assaulting the police officer at one time by taking advantage

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of CCTV CD-related statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Act is that the accused, with the reason of sentencing, has more than 20 criminal records related to violence, including one criminal sentence, and the assault against police officers performing public duties is not permissible.

However, there are favorable circumstances such as the fact that there is no power to interfere with the performance of official duties, the degree of violence is relatively weak, and the defendant supports the mother.

In full view of these various circumstances, the sentencing conditions stipulated in Article 51 of the Criminal Act, including the age and occupation of the accused, the accused is sentenced to imprisonment with prison labor, but the execution of the sentence is suspended on condition of community service.

It is so decided as per Disposition for the above reasons.

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