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(영문) 서울동부지방법원 2017.11.10 2017고단2866
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 September 2, 2017, from around 21:12 to 21:30, the Defendant: (a) was under the influence of alcohol in a singing room located in Songpa-gu Seoul, Songpa-gu; and (b) was required to take an action of disturbance from the D District Assistant E in Seoul, Song-gu, Seoul, which was called upon by the owner of the business, to leave the place of business only after being reported 112; and (c) was assaulted by the said E, such as “the seat of the seat, the seat of the seat, the seat of which must be reported to the head of the household, and the part of the breast part of the E, the hand of which are tight.”

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

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 the Acts and subordinate statutes for investigation reporting;

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

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] There is no basic area (from June to one year and six months) (the person who has been subject to special sentencing) (the decision of sentence / the person who has been punished for violent crimes), the fact that there are several times of records of punishment for violent crimes, the fact that there is no agreement with the victimized police officer, the defendant's age, environment, motive, circumstance, etc. of crime, etc.

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