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(영문) 서울북부지방법원 2018.05.31 2018고단1040
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

[2018 Highest 1040] The Defendant was arrested in the act of committing an act of assaulting B, his spouse, around February 26, 2018, and was carried out with a D police box located in Seoul Special Metropolitan City, Nowon-gu C.

Since then on the same day, the Defendant 22:37, while taking a bath at the police box on the same day, was subject to restraint from E by the police officer assigned to the above police box, and thus, obstructed the police officer’s legitimate execution of duties in relation to criminal investigation by assaulting him/her, such as making a single stop on the right bridge of the above E.

[2018 Highest 1163] On March 1, 2018, the Defendant received a report from Nowon-gu in Seoul Special Metropolitan City, Nowon-gu 22 Dong 402 and 112 stating that “the husband is a drinking fright,” and “the husband is a drinking fright,” and the Defendant received a fright report from the Defendant who reported the 112 report and received a statement from the Defendant’s fright, and the Defendant was placed at the seat of the Defendant’s fright, and the Defendant was under the control of the Defendant’s fright, and “the police officer is fright to fright,” and the Defendant was under the control of the Defendant.

씨 발 개새끼들, 좃 같은 새끼들!” 이라고 욕설을 하면서 손으로 G의 멱살을 잡고 수 회 흔들어 폭행하였다.

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

Summary of Evidence

[2018 Highest 1040]

1. Statement by the defendant in court;

1. Statement made by the police for B and E;

1. Each photograph;

1. A copy of the work log (2018 high group 1163);

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that the defendant was not involved in any contingent case only once, but has been investigated once, and the same crime has been committed again for a long time.

However, the defendant is in depth against the defendant when committing the crime of this case.

The defendant has suffered mental shock due to his or her wife's incompetence, which is contingent.

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