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(영문) 전주지방법원 2018.01.19 2017고단2228
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 14, 2017, the Defendant: (a) received 112 reports from the operator (Defendant) who was placed on the floor of the “Songdong church” parking lot located in 24 U.S., Jin-gu, Chungcheongnam-gu, Seoul Special Metropolitan City on September 14, 2017; and (b) took measures for returning home to the site by the security guards D, etc. belonging to the Seoul Special Metropolitan Police Station C District, which called the site, in the process of taking the measures for returning home, the Defendant “I want to die of the flachip fe fesh fesh.”

"A mobile phone, which is used as a labing labing lab and labing lab, was committed by assaulting D on the left chest, such as making it fit once on the left chest.

Ultimately, the Defendant assaulted police officers D who wear a uniform as above, thereby hindering police officers from performing their duties in relation to the handling of reports by 112 (the protection of people’s lives, bodies, and property).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of each statute on photographs;

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. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. The basic area (referring to six months to one year and six months) of the sentencing criteria shall interfere with the execution of public duties;

2. A crime that interferes with the execution of official duties due to unfavorable circumstances to the determination of sentence is not good to obstruct the exercise of legitimate public authority, and the defendant has a record of being fined for the same kind of crime.

The favorable circumstances include the fact that the defendant recognizes the crime of this case and the degree of the type used by the defendant is relatively less severe.

In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.

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