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(영문) 서울남부지방법원 2017.06.09 2017고단1870
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

Punishment of the crime

around 10:45 on April 7, 2017, the Defendant: (a) expressed that the police officer D, who was called up on the street in front of Gangseo-gu Seoul Metropolitan Government, sent a report on 112, sent the Defendant’s desire to see that the police officer D, who was a police officer of the Seoul Western Police Station C District, would return home to the house, “I am out of the house, so I am out of the house, I am out of the house, I am the chest part of the police officer D’s chest part on one occasion; and (b) the Defendant may be punished for interference with the performance of official duties due to the above D.

Even after being notified, the police officers assaulted the above D's chests on two occasions, and caused them to be faced with a rail rail, thereby hindering the police officers from performing their legitimate duties in relation to the civil petition affairs reported in 112.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: A sentence shall be determined as ordered in consideration of the fact that the crime of obstructing the performance of official duties is highly likely to be punished by severe punishment by the act of light of public authority and disturbing legal order: The fact that there is no record of punishment for the same kind of crime, the fact that there is no record of violence, the degree of violence is not much serious, and other conditions for sentencing specified in the records, such as the defendant's age, sexual behavior, environment, etc.

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