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(영문) 서울북부지방법원 2018.05.02 2018고단524
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 January 29, 2018, at around 03:09, the Defendant assaulted “C” located in Gangnam-gu Seoul Metropolitan Government (Seoul) that he was under the influence of alcohol and was requested to present an identification card from E in the circumstances surrounding the seat of the Seoul Gangnam-gu Police Station D District, Gangnam-gu, Seoul (hereinafter “Seoul”) by the Defendant, on the top of the hand, the Defendant used the above E’s left part of the face of the above E, one time, the back of the number of the back, and the two hands, and then pushed the body of the above E.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of F’s written Acts and subordinate statutes;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [Scope of Recommendation] There is no basic area (from June to one year and six months) (the person subject to special sentencing] [Pronouncement Decision] of unfavorable circumstances: A police officer in charge of performing public duties, who assaults a police officer in charge of performing public duties, thereby committing a crime.

The favorable circumstances: The defendant is led to confession and reflect.

There are no criminal records exceeding the same kind of fine and fine.

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