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(영문) 서울중앙지방법원 2018.01.31 2017고단8285
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 30, 2017, at around 22:50, the Defendant asked the police officers under drinking control on the ground that he did not properly inform the police officers of the fact that he did not properly know of the fact that he did not know of the fact, the Defendant: (a) 22:50 on the identification of Gwanak-gu in Seoul Special Metropolitan City.

On the ground that the police officer C, who belongs to the Meak Police Station B, was satisfing home, the Defendant satisfing his fat and fatd his fat at one time the victim's face by drinking left hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on traffic control and prevention of traffic hazards.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes, such as photographs of damage;

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 scope of punishment by law: Imprisonment with prison labor for one month and five years;

2. Application of the sentencing criteria;

(a) Determination of types: Interference with the execution of official duties> (No. 1).

(b) The territory of recommendation and the scope of punishment: Basic area, imprisonment with prison labor, June and one year and six months.

3. Circumstances disadvantageous to the decision of sentence: The confession, reflectivity, and the fact that there is no record of the punishment heavier than that of suspended execution within the last ten years, including the same kind of force, and the fact that there is no other record of punishment heavier than that of the defendant in the course of the trial, the defendant's age, sex, sex, environment, occupation, occupation, family relationship, motive and consequence of the crime, and the circumstances after the crime, etc. shall be comprehensively considered, and the punishment shall be determined as per the order.

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