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(영문) 서울동부지방법원 2017.06.16 2017고단572
공무집행방해등
Text

A defendant shall be punished by imprisonment for four 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.

(e).

Reasons

Punishment of the crime

On December 10, 2016, at around 20:40, the Defendant: (a) arrested a slope E, etc. belonging to the Seoul Eastdong Police Station D District, which was dispatched to the site after receiving a report that the Defendant was frighting by the Defendant in front of Gangdong-gu Seoul, Seoul, on December 10, 2016; (b) arrested the said E as a current offender within the patrol vehicle moving to the said zone, and assaulted the said E at one time at the right side of the E’s left face on the right side; (c) assaulted the right side of the E by drinking the left side.

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

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. A report on investigation (verification of patrol booms);

1. Photographss by cutting a black boom;

1. Application of Acts and subordinate statutes to photograph victims E;

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

1. The defendant and his defense counsel's assertion on Article 62 (1) of the suspended sentence under the Criminal Act asserted that the defendant was physically, mentally, or physically lost at the time of committing the crime of this case. Thus, according to the records, the defendant's drinking at the time of committing the crime of this case is acknowledged as a drinking fact, but considering the circumstances such as the defendant's behavior before and after committing the crime, it cannot be deemed that the defendant had no or weak ability to discern things or make decisions. Thus, the above assertion is rejected.

The reason for sentencing [Scope of Recommendation] There is no person who does not have any person who is subject to special sentencing] in the basic area (six months to one year and six months) of Class 1 (Interference with the performance of official duties and coercion of duties) [Judgment of sentence] [Judgment of sentence] The defendant's use of violence against a police officer who was imprisoned within the police vehicle that was arrested and carried out in the act of violence, but the nature of the crime is not minor, but the defendant goes beyond a fine.

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