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(영문) 서울남부지방법원 2017.06.28 2017고단1822
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten 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

around 04:53 on April 10, 2017, the Defendant: (a) on the front side of Guro-gu Seoul Metropolitan Government, “The Defendant is unable to continue to work and hold the house” from D; (b) on the background F of the E District belonging to the Seoul Guro Police Station E District; and (c) on the ground that he was reported, the Defendant was a physical disease to G; and (d) on the basis of whether the spile was a criminal offender. Neither would have been unable to go against his will.

While taking a bath, “F’s chest was pushed down as a hand, and Ha was dispatched to the site upon request for support, and Ha was assaulted by “this dog type ought to grow up in the just, this Chewing ....................... Had the h’s chest while pushing down the h’s breast, threatening the h’s fryer to breath, and h’s frying it, and threatening it to f’s fryer, etc.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the prevention of crimes and handling of reports by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with H and F;

1. Application of Acts and subordinate statutes to report on site dispatch;

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. Imprisonment with prison labor chosen;

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

1. In light of the observation of protection and community service order Article 62-2 of the Criminal Act and the records of violent crime for sentencing up to five times, interference with the performance of official duties against many police officers, the degree of violence against police officers, and the circumstances leading to the commission of crime, etc., the defendant should be punished by severe punishment. However, the defendant should be punished by imprisonment if he/she is taken into account. However, he/she has no record of criminal punishment other than once a fine for the last ten years, and if he/she is detained, he/she will have an excessive difficulty in living of his/her dependents.

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