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(영문) 서울서부지방법원 2017.11.17 2017고단2887
공무집행방해
Text

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

Reasons

Punishment of the crime

On September 28, 2017, around 22:20 on September 28, 2017, the Defendant committed assault, on his hand, such as: (a) the police box affiliated with the police box of Seoul Western Police Station E, which called the police box, for a taxi driver and a taxi driver requested assistance from the taxi driver on the street in front of the D cafeteria located in Eunpyeong-gu Seoul Metropolitan Government; (b) the police box F, who was called the police box of Seoul Western Police Station E, recommended him to return home, and asked his address; and (c) the Defendant f, who was able to take three times the ma part of F, and f, sealed the chest and shoulder part.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting duties.

Summary of Evidence

1. Partial statement of the defendant;

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

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

1. The defendant and his defense counsel asserted that the defendant was in a state of mental or physical loss or mental weakness under the influence of alcohol at the time of committing the crime of this case. Thus, according to the records of this case, it is recognized that the defendant had drinking alcohol at the time of committing the crime of this case, but it cannot be deemed that the defendant had no or weak ability to discern things or make decisions. Thus, the above assertion by the defendant and his defense counsel cannot be accepted.

Reasons for sentencing

1. Recommendation and sentence of the sentencing criteria: From six months to one year and six months (the scope of a recommendation) at the time of choosing a sentence of imprisonment, the basic area (from June to one year and six months) (no person subject to special sentencing) shall interfere with the performance of official duties;

1. A favorable circumstances: The fact that the defendant shows an attitude against his/her will, such as accepting wrongs, and that the degree of hindering the execution of his/her official duties is not very serious;

1. Unfavorable circumstances: The defendant exercised force against the police officer in uniform, and the nature of the crime is inferior, the defendant's criminal records are 27 times or more, and in particular, the defendant interferes with the execution of official duties.

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