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(영문) 서울북부지방법원 2018.11.15 2018고단4025
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 9, 2018, the Defendant 00:38 around September 00, 2018, on the front road of Dongdaemun-gu Seoul, 'C', and 'A' when a male is female.

“The police officer, who was dispatched to the scene after receiving the report of 112, received the report, shall hear the statements of the first reporter’s witness to the police station affiliated with the Seoul Eastern Police Station D police station, and whether the above police officer’s “I am to comply with the treatment of the weather gue and why it is.”

"A woman is written," but it is not required to report 119.

As to the meaning of “119,” etc., we need to see whether it was 119.

Even though the answer was made, it is 119 no longer than 119 in the event of the death of the person.

As the “spawn,” etc., it was difficult to avoid disturbance for about 15 minutes on the part of the police officer, by spawning the breath of the police officer, and by spawning the chest part of the said police officer.

As a result, the defendant interfered with the legitimate execution of duties concerning the dispatch duty of a police officer 112 report.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a investigative report (Attachment of a photograph by attaching on-site CCTV images and cutting down a course);

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

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

1. The scope of recommended punishment according to the sentencing guidelines [the types of decisions] the scope of punishment [the scope of recommended punishment], interference with the performance of public duties, Type 1 (Interference with and Forced Performance of Public Duties] [the person subject to special sentencing], the area of mitigation of punishment [the scope of recommended punishment], and

2. The sentence of sentence is determined based on the use of violence against police officers who intend to assist in this case, and the nature of such crime is not good;

However, it is ordered as ordered in consideration of various circumstances revealed in the arguments in this case, such as the defendant's age, sexual conduct, environment, motive and consequence of the crime, circumstance after the crime, etc., where the damaged police officer appeals the defendant's wife, the degree of violence is minor, the defendant is recognized as a whole, and the defendant's health is not good.

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