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(영문) 서울북부지방법원 2017.12.13 2017고단4712
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

Punishment of the crime

On October 12, 2017, the Defendant, at around 21:30, 2017, she was brupted with the Defendant’s trade name near Dongdaemun-gu Seoul Dongdaemun-gu Seoul Dongdaemun-gu (hereinafter “Seoul Dongdaemun-gu Police Station C police box”) who was sent to the Defendant after receiving a report, she breadddddddd the Defendant, and she she was frighted to the Defendant to return home from the brupt D, and she she shed the Defendant’s right-hand buck and the left flad the Defendant’s right-hand buck and the left flads.

Accordingly, the defendant interfered with the legitimate execution of official duties of police officers on the control of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by shots);

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

1. As to the Defendant’s assertion of Article 62(1) of the suspended sentence under the Criminal Act, the Defendant asserted that he was in a state of mental or physical weakness or mental loss under the influence of alcohol at the time of committing the instant crime, the records show that he was in a state of mental or physical weakness or mental loss. Thus, even though he was aware that he had drinking at the time of committing the instant crime, the Defendant was aware of drinking, and in full view of the circumstances such as the background and result of the instant case’s act before and after committing the instant crime, it cannot be deemed that he did not have the ability

The reason for sentencing is that the nature of the crime is not somewhat unfavorable because of the use of violence while breathing the police officer who is performing legitimate official duties for the reason of sentencing.

However, in consideration of the first offender, the defendant's age, sexual conduct, environment, motive, means and result of the crime, and all factors of sentencing as shown in the arguments of this case, such as the circumstances after the crime, etc., the punishment shall be determined as ordered.

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