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(영문) 서울중앙지방법원 2017.07.20 2017고단972
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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

1. Around 04:40 on January 29, 2017, the Defendant, while under the influence of alcohol on “D convenience stores” and “D convenience stores” in Seocho-gu Seoul, sent to her employees, she was urged to return home from the victim F, a police box affiliated with the Seoul Air Force Police Station E box sent to her employees after receiving a report of 112 by her employees, and was in the presence of the said employees, and the Defendant: (a) was in the presence of the said employees to have the Defendant saw back home from the Defendant F, a police box affiliated with the police box of Seoul Air Force Police Station E box; and (b) was in the presence of the said employees to have the horses and tobacco.

d. Does it be d.

"Publicly insulting the victim by obsing him or her in a large sense, such as "."

2. The Defendant who interfered with the performance of official duties at the time and place specified in the preceding paragraph, and at the same time and place, was given a warning from F that “it may be punished for a crime of insult if he wishes to continue to do so.” However, the Defendant assaulted F’s chest by having the left-hand blue blue blue two times in a way that he was pushed off the part of F’s chest with the upper blue hand twice.

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

Summary of Evidence

1. The legal statement of witness F and G;

1. Complaint;

1. Application of convenience stores, video photographs and video CD-related Acts and subordinate statutes;

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The Defendant alleged that he did not take a bath or assault against a police officer, but all of the facts charged are found guilty according to the above evidence.

2. The fact that the defendant has no record of being sentenced to a suspended sentence or heavier punishment, that the defendant appears to have committed any contingent crime under the influence of alcohol, that the degree of obstructing the performance of official duties is not much serious, that the defendant's health is not good, and that the defendant's age, sex, environment, motive and consequence of the crime is followed.

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