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(영문) 서울북부지방법원 2017.10.11 2017고단3422
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above 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 August 13, 2017, at around 02:12, the Defendant: (a) on the street of Dongdaemun-gu Seoul, Dongdaemun-gu, 72-ro 72-ro, 72-ro, “a person under the influence of alcohol is travelling on the road”; and (b) the police officer affiliated with the Seoul Dongdaemun-gu Police Station B police box called out after receiving a report 112, carried out the vehicle on the way of the defect that the Defendant returned home to the Defendant.

Accordingly, C caused the Defendant's arms to be put up and put up, and the Defendant called "at anywhere the house is", and the Defendant satisfeed C's body with a bad hand, and took the face of C in drinking.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) (no person subject to special sentencing] shall interfere with the performance of public duties.

3. A police officer who intends to assist a defendant while under the influence of the decision of sentencing may be punished by seriously assaulting the police officer who intends to assist him/her, and has been punished by violating the Road Traffic Act, etc. However, there is no past record of the same crime or fine exceeding the same level of fine, and there is no past record of any contingent crime, and it is against the defendant's age, sexual behavior, environment, etc., and shall be determined by exceeding the lower limit of the sentencing criteria and the sentence like the order;

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