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(영문) 서울서부지방법원 2018.04.04 2018고단223
공무집행방해
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

On December 21, 2017, at around 17:20, the Defendant: (a) committed assault on the B bus parked near the Seodaemun-gu Seoul Western-ro 69 (Seoul Western-gu), “A male who was unauthorized crossinged to the passenger due to a sudden operation of the sudden bus” upon receipt of a report 112 and requested confirmation of personal information from the slopeD affiliated with the police box of Seoul Seodaemun-gu Police Station C, which was called up, to obtain confirmation of personal information from the slopeD; (b) the Defendant took a bath at least once.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the investigation report (a wooden E statement);

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2(1) of the Criminal Act of the community service order: The following circumstances are considered: The police officers who committed the act of putting in uniform and perform their duties, and the nature of the crime is not good; the defendant has already been punished by the same kind of fine and there are many kinds of criminal records favorable to the defendant: The defendant confessions and reflects the crime; the defendant does not have any criminal records heavier than the suspended execution; the defendant does not have any criminal records heavier than the suspended execution; and all other circumstances, including the defendant's age, sexual behavior, career, home environment, motive for the crime

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