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(영문) 서울북부지방법원 2018.03.21 2018고단356
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

On January 26, 2018, around 01:00, the Defendant was engaged in the back seat of the Seoul Heavy Police Station located in the 40-10-gil-gu, Seoul Jung-gu, Jung-gu, Seoul, and is working in the back seat of the E-si operated by D, upon receipt of a report 112 and called out to the site, from G (58 years old) on the living safety of the Seoul Southern Police Station and the background leading up to the police officer belonging to the FJ, who was called to the site, to return to the said G. “A. N. N. L.

In addition, this Ba Ba Ba Ba Ba Ba, which was called "Woo Ba Ba" and called "Woo Ha Ha Ha Ha, who was called with the above G, committed assault to the above G, such as "Woo Haw Haw Haw Haw Haw Haw Haw Haw Haw Haw Haw Haw Haw Haw Haw Haw Haw , Haw Haw Haw Haw Haw Haw Ha? Haw Haw Haw Haw Haw Ha" and "boo Haw Haw Haw Haw Ha

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention and investigation of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on police statements made to G and D;

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. The defendant and his defense counsel on the assertion of mental and physical weakness of the defendant and his defense counsel under Article 62 (1) of the Act on the Suspension of Execution, but the defendant and his defense counsel asserted mental and physical weakness on the facts charged of this case. However, in light of various circumstances, such as the circumstance of the crime of this case, the means, and the defendant's behavior before and after the crime of this case, it cannot be seen that the defendant did not have the ability to discern things or make decisions at the time of the crime

The reason for sentencing [the scope of recommended punishment] There is no person who has a basic area (6 months to 1 year and 6 months) [the decision of sentencing] [the defendant is punished as a same kind of crime.] The defendant is punished as a single crime.

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