(영문) 서울남부지방법원 2018.02.13 2017고단6304

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(영문) 서울남부지방법원 2018.02.13 2017고단6304

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On December 1, 2017, around 22:18, the Defendant is also aware of the calculation of the number of female passengers who drink on the front side of the apartment complex of the 5-dong, Yangcheon-gu, Seoul, Yangcheon-gu, Seoul, about 350.

“A” in the Seoul Yangcheon Police Station B District on 112 reported that the Defendant was prevented from assaulting the taxi engineer from the slope C belonging to the Seoul Yangcheon Police Station B, and the Defendant was in his hand at one time, and the Defendant was arrested as a current offender of the obstruction of the performance of official duties from the slope C and the Inspector D, and the Defendant was arrested as a hand-to-beer of C and D’s hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of reported crimes and suppression of crimes by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D or C;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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] The following shall be taken into consideration: (a) the basic area (six months to one year and six months) (special mitigation) (where the degree of violence, intimidation, deceptive scheme, or interference with official duties is minor; (b) the number of damaged public officials is minor; (c) the crime is not good; (d) the act of assaulting police officers in the course of performing official duties is not deemed to be committed; (e) the act of assaulting police officers in the course of performing official duties is deemed to be committed; (e) the act of assaulting police officers in the course of official duties is deemed to be committed; (e) the act of confession, attack,

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