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(영문) 서울동부지방법원 2017.10.18 2017고단1297
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 April 9, 2017, at around 00:50, the Defendant was unable to have avoided disturbance, such as raising trial expenses to customers at a restaurant located in Gangdong-gu Seoul Metropolitan Government, and the Defendant received a 112 report and received a 112 report, and heard the horses “hinging a large amount of alcohol, making a payment for additional food, and returning home,” the Defendant “hing down the same flab, police officers,” and the Defendant hing the horses “hing down the flab,” and hing the e’s chest.

As above, the Defendant abused police officers, thereby obstructing police officers from performing their legitimate duties concerning the prevention and investigation of crimes, public peace and maintenance of order.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the respective legal statements of witness E and F to the Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act [determination of sentence] are as follows: (a) 4 months of imprisonment; (b) 1 year of probation; and (c) 80 hours of community service (former: 6 months of imprisonment); and (d) the Defendant’s age, sex, family relationship, family environment; (b) motive and means of crime; and (c) the conditions for sentencing specified in the trial process of this case, such as the circumstances after the commission of crime, shall be

A favorable circumstances: The exercise of one-way force against police officers is not an important factor.

There is no heavy criminal punishment exceeding imprisonment without prison labor.

In the trial process, the mind of the victimized police officer was indicated in the unclaimed manner.

The crime of this case committed by the defendant is a crime that undermines the function of the state by nullifying the legitimate exercise of public authority, and there is a need to strictly punish the crime.

Although the Defendant had been subject to a heavier punishment of a fine on July 11, 2012 due to the same crime, he again committed the instant crime.

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