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(영문) 서울남부지방법원 2018.04.25 2017고단6519
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 05:20 on September 19, 2017, the Defendant: (a) made the Defendant, who was arrested as a current offender of the crime of assault in the Yeongdeungpo-gu Seoul Police Station E District District, Yeongdeungpo-gu Seoul Police Station, Yeongdeungpo-gu, Seoul, to prepare a written statement first; (b) made the Defendant’s desire to “this E District Embro chrop” at one time with the Defendant’s blue blue blue blue; and (c) the police officers in the vicinity of Yeongdeungpo-gu, Seoul, the Defendant took part of the flue blue blue blue blue blue f by suppressing the Defendant’s riot.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the arrest of flagrant offenders and the handling of cases.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. The results of the reproduction of CCTV images CDs;

1. A detailed statement of the processing of reported cases;

1. Investigation report (a CCTV analysis relating to interference with the performance of official duties of a suspect);

1. Application of the Acts and subordinate statutes to photographs by capturing CCTV images;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning criminal facts (Interference with the performance of public duties and the selection of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) (no person subject to special sentencing] shall interfere with the performance of public duties;

2. Circumstances unfavorable to the decision on sentence: The criminal defendant is not against the duty of the police officer to obstruct his/her execution of duty;

The defendant's entry part of police officer is likely to be criticized in light of the behavior of assault and the method of crime.

Defendant has been punished several times for violent crimes, such as being punished by a fine due to the crime of damaging public goods.

The favorable circumstances: The victim police officer made efforts to recover the damage, and the victim police officer did not want to punish the defendant.

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