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(영문) 서울북부지방법원 2018.04.04 2018고단243
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 December 30, 2017, the Defendant: (a) at a police box located in Seoul Central Franc Zone B around 07:50 on December 30, 201; and (b) without any reason, sent to police officers a dogb, breac, brecing, booming, booming, with the police officers:

짭새 새끼들” 이라고 욕설을 하고, 위 파출소 소속 경장 D이 피고인에게 귀가할 것을 종용하자 손으로 D을 밀치고, D의 멱살을 잡았다.

The Defendant, who continued to remove a regrative tree in front of the police box, continued to restrain D, and the Defendant used to remove the regrative tree in front of the police box, and the Defendant assaulted D’s regrative body once with knenee.

Accordingly, the defendant interfered with police officers' legitimate performance of official duties in relation to the prevention and suppression of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes on the closure of a major course;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. As to the Defendant’s assertion of mental and physical weakness under Article 62(1) of the Act on the Suspension of Execution, the Defendant asserted mental and physical weakness regarding the facts charged in the instant case. However, in light of various circumstances, such as the background, means, and the Defendant’s act before and after the instant crime, it cannot be deemed that the Defendant lacks the ability to discern things or make decisions at the time of the instant crime, and thus, the Defendant’s argument cannot be accepted.

The reason for sentencing [Scope of Recommendation] The basic area (from June to June), the basic area (from June to June) [no person subject to special sentencing] [Determination of sentence] is against the defendant, the defendant has no record of punishment except for one fine due to traffic accident, the defendant's age, sexual conduct, intelligence and environment, motive, means and consequence of the crime, circumstances after the crime, etc. shall be determined as per the order.

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