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(영문) 서울북부지방법원 2019.05.16 2018고단4570
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 3, 2018, at around 02:48, the Defendant was subject to the prosecution by the Head of the Seoul Gangseo-gu Estation of the Seoul Gangnam-gu Police Station, who was dispatched after receiving the report of 112, due to the following reasons: (a) at the front of C in the Gangnam-gu Seoul, Gangnam-gu, Seoul; (b) D having no relationship of friendship know the Defendant to another person; and (c) having the face of the said D while dealing with the issues of friendship as if he was a relative to him; and (d) the Defendant was subject to the prosecution by the F.

The Defendant, while putting together with A and Minju, told F that he fights with the police who fights “F,” and told F, that he f, who takes his left arms, would also put about a danger and injury to A, and acted as if he would inflict a difference on the left arms by F, while she gets different by the horse F, she sawd the left arms part of the f’s left arms and f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s bat.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. Application of Acts and subordinate statutes of the table for handling cases of investigation reports (victim police officers' scam pictures), photographs of damaged body of policeF, and 112 reported body pictures;

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

1. The reasons for sentencing under Article 62(1)(b) of the Criminal Act, including the fact that it appears that the Defendant recognized and reflected the instant crime, are likely to be favorable to the Defendant, and that the circumstances favorable to the Defendant, such as the circumstances before and after the instant crime, the circumstances before and after the instant crime, the Defendant’s criminal records, age, environment, etc., shall be determined as ordered by comprehensively taking account of the circumstances favorable to the Defendant.

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