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(영문) 서울북부지방법원 2018.12.19 2018고단3119
공무집행방해
Text

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

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

Reasons

Punishment of the crime

Around 20:51 on June 30, 2018, the Defendant: (a) arrested as a current offender from the Inspector F (50) affiliated with the Seoul Dobong Police Station E police box located in Dobong-gu Seoul, Dobong-gu, Seoul, to the Seoul Dobong Police Station Integrated Investigation Office for Investigation in 403, Dobong-gu, Dobong-gu, Dobong-gu; (b) served the Defendant at the above integrated investigation room around 21:1 on the same day, the Defendant committed assault, such as assaulting the F’s clothes at one time, and receiving the head of the F at one time, upon request from the above F to present his identification card to verify his personal information.

As a result, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and F;

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. The sentence shall be determined as ordered in consideration of the fact that the defendant has been punished as an act of violence for the reason of sentencing under Article 62(1) of the Criminal Act, the age, sex behavior, intelligence and environment of the defendant, motive, means and consequence of the crime, the circumstances after the crime, etc.

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