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(영문) 서울북부지방법원 2018.11.01 2018고단3774
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 4, 2018, around 01:20 on August 4, 2018, the Defendant separated the Defendant’s wife from the police officer D, etc., who was dispatched to the above site upon the Defendant’s 112 domestic violence report on the fact that the Defendant and the police officer D, etc., who was dispatched to the above site upon the Defendant’s 112 domestic violence, entered the house of the Seongbuk-gu Seoul apartment house B at around 01:20, 123 80 dong, Seongbuk-gu, Seoul, and sought the details of the report and the statement of damage, etc. against the Defendant.

“Abandoned by hand the bat of the police officer at his hand.”

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of E;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [Scope of the recommended punishment] The basic area (from June to June) of the basic area (from June to June) of the sentencing criteria shall not interfere with the execution of public duties;

2. The contents of a crime that uses violence against police officers on official duty whose sentence is determined, shall not be shorter than those of the sentence;

However, there are records that the defendant recognized all the crimes and wrongs, that the damaged police officer does not want the punishment of the defendant, that the degree of violence is not serious, and that there was a history of being punished once by a fine for other crimes. However, there is no previous record of interference with the performance of official duties, and other circumstances indicated in the records and theories of this case, such as the background of the crime of this case, the degree of interference with official duties, the age, sexual conduct, living environment, and circumstances after the crime, and the recommended punishment according to the sentencing guidelines, shall be determined as per the order.

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