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(영문) 서울북부지방법원 2018.05.10 2018고단848
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 11, 2018, at around 22:00, the Defendant was in dispute with C store located in Gangseo-gu Seoul, Gangnam-gu, Seoul, and D taxi drivers E and his refusal to take passengers. On the other hand, the Defendant was urged G to have the Defendant go home from G with the police box affiliated with the Seoul Southern Police Station, which was dispatched to the site after receiving the report of 112 on several occasions. The Defendant interfered with the operation of the patrol vehicle for about 20 minutes, such as “the string of the string of the string, the string of the string, the string of the string of the string, the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases and the operation of patrol vehicles by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to report on investigation (the video investigation of patrol booms)

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing) of the suspended sentence (the following sentencing) is [the scope of recommendation] where the degree of obstructing the performance of official duties is minor (one month to eight months) in the mitigated area (the special mitigated person] [the decision of sentencing], the defendant's error is recognized, depth is recognized, there is no record of punishment, and there is no record of interference with official duties, the degree of interference is not emphasized, the defendant's age, sex behavior, motive and means of the crime, circumstances after the crime, etc., and various sentencing conditions shown in the records and trial of this case as ordered.

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