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(영문) 서울서부지방법원 2018.02.20 2017고단2222
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 26, 2017, at around 23:37, the Defendant was under influence of alcohol in front of Eunpyeong-gu Seoul Metropolitan Government D, and on the ground that the police official E, who was dispatched upon receipt of a report, has broken the Defendant several times, string the Defendant, and string him/her home, and that he/she would be bad.

이 짭새 새끼들 아 ”라고 욕설을 하면서 주먹을 쥐고 때릴 것처럼 위협하고, 양손으로 위 E의 경찰 외근 조끼를 잡고 마구 흔드는 등 경찰관의 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the statutes governing police officers' photographs;

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 suspended execution;

1. The crime of sentencing on the grounds of Article 62-2 of the Criminal Act for the observation of protection and observation is an unfavorable circumstance when the defendant committed the crime against a police officer in the course of performing official duties by putting in uniform and criticized him as exercising force. The defendant is under the suspension of the execution of imprisonment with prison labor due to an injury, and again committed the crime in this case.

Provided, That the punishment shall be determined as ordered by considering the circumstances that the defendant committed a crime, the circumstances after the crime, the degree of force of the crime, the age of the defendant, sexual conduct, environment, etc. in favor of the fact that the defendant committed a mistake, and all kinds of sentencing factors such as the circumstances leading to the crime.

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