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(영문) 서울서부지방법원 2017.05.12 2017고단146
공무집행방해
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That 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

Around January 20:15, 2017, the Defendant was requested to return home from police officers D, etc. belonging to the Pyeongtaek Police Station C District of Eunpyeong Police Station, and the Defendant called up after receiving a report from the Eunpyeong-gu Seoul, Seoul, on the road in front of Eunpyeong-gu, Seoul, and 112 that the Defendant was under influence of alcohol.

Neither police nor police officer;

개새끼들 아.” 라는 등으로 욕설을 하며 피고인의 혁대를 풀어 위 D에게 던지고, 발로 D의 허벅지와 낭 심 부위를 1회 씩 걷어찼다.

이후 피고인은 위와 같은 범행으로 현행범으로 체포되어 서울 은평구 E에 있는 위 C 지구대 사무실에 인치되어 있던 중, 그 곳에 있던 위 지구대 소속 경찰관 F이 인적 사항을 물어보자 화가 나, “ 씹할 놈” 이라는 등으로 욕설을 하며 발로 위 F의 정강이 부위를 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention of crimes and criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. Application of C District Video Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 62 (1) of the Criminal Act on the suspension of execution (The following sentencing shall be considered as favorable circumstances, etc. in the light of the importance of sentencing):

4. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order.

1. The recommended sentencing guidelines: Six months to ten months, if the person selects imprisonment;

A. First-Class 1 Crimes [Scope of Recommendation] Crimes (Obstruction of Performance of Official Duties and Compelling of Duties) in the basic sphere (from June to one year and six months) / None of the special sentencing factors (a person who is subject to special sentencing)

B. Class 2 Crimes [Scope of Recommendation] In the mitigated area (one month to eight months) (Specially mitigated persons), where the degree of violence, intimidation, deceptive scheme, or interference with official duties is minor, the punishment shall be aggravated by multiple offenses.

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