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(영문) 서울북부지방법원 2018.10.11 2018고단3243
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 July 22, 2018, at around 01:00, the Defendant expressed the Defendant, who was under 112 a 112 report, expressed to the said G, who was a shoulderer, the Defendant, who was under way in the street, expressed that he was “to open” to the E District of the Seoul Jungn Police Station E District, and used the Defendant, who was under way in the street, at the time of drinking a drinking, and assaulted the background F’s left face one time to knee and knee a knee.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to the investigation report (the statement of a wooden person H);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommended punishment according to the sentencing guidelines [the types of decisions], interference with the performance of public duties, the first type (Interference with the performance of public duties and coercion of duties] (the scope of recommended punishment], the basic area of punishment, the term of imprisonment with labor for not less than six months, but not more than one year and six months;

2. The sentence of sentence is determined based on the use of violence against police officers who intend to assist in this case, and the nature of such crime is not good;

However, in consideration of the various circumstances shown in the pleadings of this case, such as the fact that the defendant is both recognized and against all of the crimes, and has no record of punishment more than a fine, the defendant's age, sex behavior, environment, motive and consequence of the crime, and circumstances after the crime, etc., the punishment shall be determined as ordered.

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