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(영문) 서울남부지방법원 2018.10.18 2018고단3715
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of a sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 14, 2018, around 07:20 on July 14, 2018, the Defendant: (a) around the elevator of the Gangseo-gu Seoul Metropolitan Government building C; (b) “A female fluoring on an elevator” was sent to the Defendant after receiving a report 112; and (c) the police officer E belonging to the Seoul Gangseo-gu Police Station D police station, who solicited the Defendant to return home

C Mali Mali, Malivia

“In doing so, assaulted by cutting off a portable phone taken by the horse E while taking a bath, and cutting off the right shoulder of the horse E one time by a bad drinking.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reported cases and the maintenance of order by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (related to the statement by a wooden phone), investigation report ( listening to the statement by a wooden shot person);

1. The application of the laws and regulations governing documentary video CDs;

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

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

1. The basic area (from June to June 1) of the sentencing criteria [the scope of recommended punishment] and the basic area (from June to June) of the sentencing criteria (the person who has any special sentencing factors) shall interfere with the performance of official duties;

1. Determination of sentence (the choice of sentence, the course and contents of the suspension of execution), the degree of interference with the execution of official duties as a result thereof, etc. The punishment shall be determined by comprehensively taking into account the factors of sentencing, including the fact that the defendant's current health is not good and has no previous convictions, the defendant's intent and ability to protect the defendant's family, the age, sex, environment, etc.

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