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(영문) 서울동부지방법원 2018.05.11 2018고단398
공무집행방해
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.

Reasons

Criminal facts

On January 22, 2018, around 21:28, the Defendant: (a) stated that, prior to the restaurant called “D” located in Gangdong-gu Seoul Metropolitan Government, a customer, was f (55 years old) who was called up upon receiving a report to the effect that he interfered with the business of the customer, the Defendant: (b) assaulted the said FF’s clothes two times on the ground that: (c) the circumstances leading up to the assignment of the Seoul Gangseo-gu Police Station E District (F (55 years old); and (d) said F (e) the Defendant took a bath to “Chewing .g., f., f., f., f., as a police officer.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each written statement of G and H prepared;

1. Application of the Acts and subordinate statutes to the photographic of the scene prior to the occurrence of the case and the criminal implements;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of recommended sentences according to the sentencing guidelines [the types of decisions] : Crimes obstructing the performance of public duties, obstructing the performance of public duties, obstructing the performance of public duties, and Type 1 [Special Sentencing Persons] increased and mitigated factors: None of the relevant factors [the person subject to general sentencing] increased and mitigated factors: None of the relevant factors [the scope of recommended punishment] basic areas: Imprisonment with prison labor for a period of six months to one year

2. The defendant who is sentenced to a sentence has assaulted a police officer twice by profin the part of the damaged police officer in the course of performing his/her duties, and the responsibility for such crime is not easy.

However, the following facts are considered as favorable to the Defendant: (a) the Defendant recognized the instant crime, and the Defendant appears to have caused the instant crime by contingency while under the influence of alcohol; (b) there are circumstances to consider the circumstances leading to the instant crime; (c) there are no records of criminal punishment exceeding the fine; and (d) there are no records of criminal punishment for the same type of crime in this case.

In addition, the defendant's age, sex, motive and circumstances of the crime, and the crime.

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