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(영문) 서울중앙지방법원 2017.06.22 2017고단1119
공무집행방해
Text

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

Reasons

Punishment of the crime

On January 31, 2017, at around 04:45, the Defendant: (a) avoided disturbance, such as drinking soldiers, following the dispute over FF activities that were frightly joined at the E station located in Seocho-gu Seoul, Seocho-gu, Seoul; (b) took a bath on the ground that slope G, policeman, and police officer I, who was called upon upon receiving a report, tried to separate the Defendant from the Defendant’s dispute; (c) carried the shoulder part of the above G from hand, carried the body parts of the above H and I one time by hand, and obstructed the police officers’ legitimate performance of public duties related to the prevention, suppression and investigation of crimes, such as serving the said police officers on drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to I, G and H;

1. Application of Acts and subordinate statutes of J;

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

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

1. Selection of imprisonment with prison labor chosen;

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

1. Application of the sentencing criteria [Scope of the recommended punishment] : Where there are many public officials who have suffered damage in the basic area (from June to one year to six months) (special mitigation) / Where the degree of violence, intimidation, deceptive scheme, or interference with public duties is insignificant / Where there are many public officials who have suffered damage (one type) / Where there are many public officials who have suffered damage);

2. The criminal defendant who has been sentenced to suspended sentence for violence in the past is punished for suspended sentence;

On the other hand, the defendant, while under the influence of alcohol, led to the crime of this case, is in depth and reflects the depth, and deposited the money as a reward for damage change against the damaged police officers.

In such a case, the defendant shall be sentenced to the same punishment as the order by comprehensively taking into account the following factors: (a) the defendant's appearance, unfavorable circumstances, and other defendant's age, sexual conduct, family relationship, motive and consequence of the crime, and circumstances after the crime.

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