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(영문) 서울북부지방법원 2017.06.15 2017고단1696
공무집행방해
Text

A defendant shall be punished by imprisonment for 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 April 23, 2017, around 23:45, the Defendant: (a) reported at the residence of Dongdaemun-gu Seoul Metropolitan Government 203 Dong 701-dong 203, 701; and (b) sent to the site after receiving a 112 report to the effect that “her husband and wife fights are fighting;” and (c) was subject to the removal from D, a police officer belonging to the Seoul Eastdong-gu Police Station C District; and (d) the Defendant called for the “n

Does Doz. Doz. Doz. Doz. Doz. Doz.

Mac 202 20

"Abrupted by sound and bath, and was plucked by plucking, plucking and plucking with a wall, and was spabling and spathing with a balle.

Accordingly, the defendant interfered with the police officer's legitimate performance of duties concerning the handling of 112 reported case.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. As to the Defendant’s assertion under Article 62(1) of the Act on the Suspension of Execution, the Defendant asserts to the effect that the Defendant was in a state of mental or physical loss or mental weakness under the influence of alcohol at the time of the instant crime.

In light of various circumstances, such as the background and means of the crime committed by each of the above evidence, the details of the crime, and the defendant's behavior before and after the crime, it cannot be deemed that the defendant had no or weak ability to discern things under the influence of alcohol at the time of the crime in this case, and thus, the above assertion is rejected.

The grounds for sentencing [the scope of recommended punishment] The basic area (from June to January, 1) of the first category (the act of this case) of obstructing the performance of official duties shall be determined by taking into account the circumstances such as the poor nature of the crime, the fact that the defendant's mistake is recognized and reflects the defendant's age, occupation, sex, family relationship, circumstances before and after the crime, etc., and other conditions of sentencing as shown in the records.

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