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(영문) 서울남부지방법원 2017.08.09 2017고단1818
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

around 20:50 on April 4, 2017, the Defendant was asked by police officers F belonging to the Seoul Gangseo-gu Police Station E District Police Station, who was called up after being asked by Gangseo-gu Seoul Metropolitan Government Party D about the instant case, and took a bath to the said F, and was tightly pushed off the F’s upper part by hand.

As such, the Defendant interfered with the legitimate performance of duties by police officers F on criminal investigation and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

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

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

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The scope of recommended punishment according to the sentencing guidelines [the types of decisions] the scope of punishment [the scope of punishment [the area of recommendation and the scope of punishment], the basic area where there is no person who has been forced to perform his/her duties (the type 1], and six months to one year and six months;

3. There is no reason for the suspension of execution [main reason for the suspension of execution] [General reason] positive: There is no previous conviction or more for the suspension of execution, and the serious reflect.

4. The act of assaulting a police officer performing official duties, such as the instant crime, and obstructing the performance of official duties, is not against the nature of the crime.

However, the punishment as ordered shall be determined by taking into account the fact that the defendant made a confession of his/her mistake and reflects, the fact that there is no previous criminal conviction or more than the suspension of execution, and the conditions of sentencing as shown in the records and arguments.

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