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(영문) 서울동부지방법원 2018.08.24 2018고단2015
공무집행방해등
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

1. A business establishment operated by the victim D located in Gangdong-gu Seoul Metropolitan Government around 13:00 on April 29, 2018, the Defendant refused to leave.

In this regard, it was demanded that the injured party be in preparation for the opening of the business.

However, the Defendant did not comply with the request, and the Defendant did not comply with the request to leave the victim without any justifiable reason until the police officer dispatched by the victim's report at around 13:10 on the same day arrives. However, the Defendant, despite the fact that the Defendant had not operated the above business place, did not comply with the request to leave the victim.

2. On April 29, 2018, the Defendant interfered with the performance of official duties at the Seoul Gangnam Police Station located within Gangdong-gu Seoul Metropolitan Government on April 14:20, 2018, as described in paragraph 1, arrested by a police officer who was dispatched after receiving a report as described in paragraph 1 as a current offender in intrusion into the building and transferred to the police station, and transferred the police station, along with G in the circumstances in which the F District is affiliated with G, and without any reason, took a bath for G to “Seake, frack,” and, under the influence of alcohol, assaulted G two times on the part of G, thereby interfering with the legitimate performance of duties by the police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. A H statement;

1. Application of Acts and subordinate statutes to drillings (a detailed statement of 112 Report Processing);

1. Relevant Article 136(1) of the Criminal Act, Article 136(2) and (1) of the Criminal Act, Article 319(2) and (1) of the Criminal Act, and Article 136 of the Criminal Act, the choice of imprisonment for a crime

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The application of the sentencing guidelines [the scope of the recommended punishment] The basic area (fe.g., interference with the performance of official duties and coercion of duties) (fe., June or one year or one year or six months) (fe.g., no person subject to special sentencing) is a crime of refusing to withdraw in the relation of concurrent crimes with the crime of obstructing the performance of official duties.

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