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(영문) 서울남부지방법원 2018.11.27 2018고단3182
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four 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 June 10, 2018, at around 02:10, the Defendant was forced to leave the police box C of the Seoul Geumcheon Police Station C, who was dispatched after receiving a report of 112 from the 15-gil 7, Geumcheon-gu Seoul, Geumcheon-gu, Seoul, under the influence of alcohol from the "Vast-ro 35-gil 7, a heavy noise," but was forced to receive a notice of penalty disposition from the above police officers on the ground that the Defendant continued to escape the disturbance.

In addition, the Defendant took a bath to leave the F patrol vehicle on the spot after issuing the above notice, and she saw that “The Paris Drieds and scams are doing so,” and assaulted the above police officers by blocking the progress of the said patrol vehicle for about 15 minutes in the manner that “the police officers are friendly,” she was placed on the back wheel of the said patrol vehicle, and she was called “the police officers are friendly,” and she was called on the back wheel of the said patrol vehicle, and on the other hand, she continued to sit before the patrol.

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 of the defendant in the first trial record;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to field photographs, investigation reports (scambling images) and investigation reports (scambling images taken by police officers);

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Determination of imprisonment, taking into account the fact that the reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation are several times the criminal defendant was punished for the same kind of crime, however, the sentencing factors expressed in the trial process of this case, including the confession of a crime, the degree of violence, and the minor degree of violence, etc., shall be determined by taking into account the sentencing factors expressed in the trial process of this case

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