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(영문) 춘천지방법원 2017.11.23 2017고단858
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant violated the signal during the operation of vehicles on the front of Songpa-gu Seoul Metropolitan Government, and discovered it to the Seoul Song Police Station Traffic and D who are public officials belonging to the police station C.

On June 12, 2017, at the above location around 09:50 on June 12, 2017, D intended to issue a written notice of traffic penalty, but refused to do so, and again sign D intended to return to the same by issuing a written notice of penalty.

However, on the ground that it is not supported by this, D assaulted D due to the left-hand light of D's work uniforms to tear.

As a result, the Defendant interfered with the legitimate execution of duties by police officers on traffic control.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on site photographs;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the sentencing criteria [Scope of the recommended punishment] is minor in the area of mitigation (one month to eight months), such as assault, intimidation, deceptive scheme, or obstruction of public duty, in the area of mitigation (any person who interferes with the performance of public duties and any duty shall be forced).

2. Determination of sentence shall be made in full view of the conditions of sentencing as shown in the records, such as the character and conduct of the accused and the circumstances before and after the commission of the crime.

An unfavorable circumstance: A crime of assaulting a police officer who duly performs his/her duties due to his/her uniform is a bad condition that the degree of assault appearing due to a photograph, etc. is insignificant, the degree of assault is recognized and reflected, and there is no previous conviction exceeding the same power or fine.

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