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(영문) 서울서부지방법원 2017.04.27 2017고단498
공무집행방해등
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:05 on January 18, 2017, the Defendant assaulted the victim D (34 tax) who is an employee of the Seoul Urban Railroad Corporation, from among the subway 6 stations located in Eunpyeong-gu Seoul, the subway stations located in the Eunpyeong-gu Seoul Metropolitan Government, to control the fright at the platform in the influence of alcohol. As such, the Defendant assaulted the victim D (34 tax), who is an employee of the Seoul Urban Railroad Corporation, on the part of the fright of the fright of the fright of the fright.

2. The Defendant interfered with the performance of official duties at the time, time, and place specified in paragraph 1, and reported to the Defendant that the Defendant was accompanied by the above 112 report, Seoul sent out by her hand to the F of the police box affiliated with the Pyeongtaek Police Station E box, thereby feling the above F’s shoulder and walking back to the hand, and booming the above F’s right knee and kneing, and feling the kne and feling, at the same time and at the same time, feling with G of the police box affiliated with the same police box, feling the drinking, feling the above G’s left hand, and bucking with his hand, with his hand, the Defendant feling the above G’s left hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Written statements of D;

1. Application of the Acts and subordinate statutes to photograph a suspect who obstructs the performance of his/her duties (E police box), a detailed statement of handling reported cases by 112, and a suspect who interferes with the performance of his/her duties;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (Interference with the performance of official duties), Article 260 (1) of the Criminal Act, and the choice of imprisonment, respectively, with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that in consideration of the type and force of the Defendant’s use by the victimized police officers and the attitude of the act of assault, the nature of the crime is not less weak, and that there is a record of punishment of a fine due to interference with the performance of official duties.

However, considering the favorable circumstances in which the defendant commits a mistake, and considering the various factors of sentencing, such as the age, sex, environment, etc. of the defendant, the punishment was determined as ordered.

. The defendant-appellant.

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