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(영문) 서울남부지방법원 2017.12.06 2017고단4967
공무집행방해등
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant around 02:20 on October 5, 2017, at the front parking lot in Gangseo-gu Seoul Metropolitan Government, and at the front parking lot in Gangseo-gu Seoul Metropolitan Government, two male persons are wick.

“Around the Seoul Western Police Station C District District of the Seoul Western Police Station, which was called upon 112 report, arrested the perpetrator of the injury case by a private victim D, and arrested him to board the patrol vehicle, and the victim tried to board the patrol vehicle by blocking the front of the driver’s seat, with the Defendant’s preliminary father, his family members, and many and unspecified residents, and assaulted this weather feas, h., and ye., in the field of this weather.

This is called "Ep. ....." and assaulted the victim's arms and booms.

Accordingly, the defendant openly insultingd the victim D and interfered with the police officer's legitimate execution of duties concerning the handling of 112 reported cases.

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 legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of public duties), Article 311 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of concurrent crimes;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: A punishment as ordered shall be determined by taking into consideration the following factors: A person who interferes with the performance of official duties is highly likely to be punished by severe punishment due to his/her conduct of light of public authority and disturbing legal order: A person has no record of being punished for the same kind of crime; the degree of assault is not excessive; a person who reflects his/her nature; and other conditions of sentencing specified in the records, such as the defendant's age, sexual behavior,

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