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서울서부지방법원 2017.07.14 2017고단1308
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 23, 2017, at around 02:00, the Defendant reported on “C” in the Eunpyeong-gu Seoul Metropolitan Government’s Garan bar, and sent to the site after receiving a report on 112 that “the Defendant was stolen of cash, etc.”, Seoul sent it to the site on the ground that the private victim E does not deal with the case in the direction desired by the Defendant.

When the injured person prevented the defendant, the defendant committed violence by breathing the breath of the victim's breath while taking the victim's bath.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the maintenance of police officers' order and crime control.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of Acts and subordinate statutes to investigation reports (the identification and attachment of work log to victim public officials);

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. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] : The reason for sentencing under Article 62-2 of the Order to Attend Education - The fact that there are 13 records of having been punished for violent crimes committed under the circumstances unfavorable to the fact that there is no basic area (from June to one year and six months) (the person who has been subject to special sentencing) / [Judgment of sentencing] - The fact that there is no evidence of being sentenced to criminal punishment exceeding a fine - The fact that there is no past record of being sentenced to criminal punishment - violent crimes 13 times.

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