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(영문) 서울서부지방법원 2017.06.15 2017고단1125
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

(e).

Reasons

Punishment of the crime

around 13:45 on April 2, 2017, the Defendant was arrested as a flagrant offender suspected of assault as described above 1, and was investigated at the E Office of the Seoul Western Police Station E Office located in Eunpyeong-gu, Seoul at the unification of Eunpyeong-gu, Seoul.

At around 15:10 on the same day, the Defendant her waiting to undergo an investigation at the above office, and returned to the said office with the mind that he did not assault the victims. The Defendant she was assaulted by the police official reductionF working in the above office, sloping G, demanding the above F to have a face of F one time at the time of commencement of the investigation and to make a statement at the time of commencement of the investigation. The Defendant her face of the above G, which prevents the Defendant, was flick at one time and flick, and flick at one time.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Photographs (F) of the upper part of the body, and photographs of the upper part of the body (G);

1. Application of the Act and subordinate statutes to the investigation report (the list Nos. 8 and 11 of evidence);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] interference with the performance of official duties, where there are many public officials suffering damage (1 year to 4 years and 1 years of interference with the performance of official duties) [the (1) type] of the aggravated area (1 to 4 years] [the decision of sentencing] [the defendant should be criticized for exercising a tangible power against police officers who are duly performing official duties; two police officers suffered damage are two; the form of act and the degree of damage are not taken into account; even if the defendant was investigated at the police station, the fact that the defendant is mainly responsible for the defendant is disadvantageous.

However, the fact that the defendant is pening a mistake in depth, the fact that the defendant deposits money as compensation for damage to the damaged police officers is also the same.

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