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(영문) 서울북부지방법원 2017.12.07 2017고단3614
공무집행방해
Text

The punishment of defendants shall be six months.

The execution of punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 4, 2017, at around 21:40, the Defendant: (a) received a report on the disturbance at the D cafeteria located in Seongbuk-gu Seoul, Seongbuk-gu Seoul; (b) continued to interfere with the operation of police vehicles by blocking police vehicles from the path of police vehicles and by blocking winds.

The Defendant assaulted police officers E who perform legitimate official duties in relation to the prevention of danger.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the photographic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act, which provides for the legal provisions on criminal facts;

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

1. Determination of a punishment under Article 62-2 of the Criminal Act for protection and observation;

1. Recommendation type of sentencing criteria: Imprisonment with prison labor for up to one year and six months;

2. Decision of punishment: to recognize errors;

It is an act committed under the influence of alcohol.

There is a career of one suspended sentence and three times a fine.

The instant crime was committed during the period of suspended execution.

It seems that the degree of violence is not severe.

There is a reason to deposit KRW 500,00 for a police officer.

It is necessary to endeavor to prevent recidivism through a protective observation.

Determinations shall be made.

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