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(영문) 서울동부지방법원 2018.08.30 2018고단2086
공무집행방해등
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

Around 13:40 on May 2, 2018, the Defendant: (a) was refused to enter the president D in an official announcement room near the Songpa-gu Seoul building, Songpa-gu Seoul; and (b) was in dispute with the said D, and the Defendant was demanded to return home from the police officers belonging to the Young Police Station Ear-gu, Seoul who received 112 a report and called “I do not leave the room”; (b) was able to avoid disturbance by arbitrarily boarding the patrol seat outside the said official announcement; and (c) was demanded from the border F of the said district to take a bath at his own discretion to take a walk; and (d) the Defendant continued to have access to the said D and many police officers who were in his/her possession at the time of carrying out the said G son’s body as seen above, “I am and shot shot shot shot, shot shot shot, shot, e.g., the Defendant continued to have access to the said area.

Accordingly, the Defendant openly insulting the victim F, and assaulted G, thereby obstructing the police officer’s legitimate execution of duties concerning the handling of the 112 reported case.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment, respectively;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [to the extent that the punishment is aggregated with the long-term punishment of two crimes];

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) interference with the performance of official duties / [type] interference with the performance of official duties / Type 1 (Interference with the performance of official duties / coercion of official duties / From June to June);

B. The sentencing criteria are not set for the offense of insult.

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