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(영문) 서울북부지방법원 2018.08.16 2018고단2031
공무집행방해
Text

The punishment of the accused shall be set forth in six months.

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

Reasons

Punishment of the crime

On May 10, 2018, around 02:15, the Defendant: (a) was required to return home from a police officer D belonging to the Seoul Gangnam Police Station C District of the Seoul Gangnam Police Station, who was called up after receiving a report from 112 before the departure of 48 U.S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. 1

(h) Sheet. The inside shall also be divided into three parts, which shall be the largest day; and

V. We have expressed the desire, such as “Ien today’s death,” and threatened a police officer with drinking.

Accordingly, the police officer's defect in order to prevent the son's hand, the defendant committed violence by cutting the son's hand by the police officer, and booming the chest of the police officer on one occasion.

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 against D;

1. A E-document;

1. Application of an investigation report (dive phone images submitted by a victimized police officer), mobile phone images CD-related Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act on the observation of protection and attendance order;

1. Type 1 (Interference with the performance of public duties and coercion of duties) area (six months to one year) of the basic area (one year from one year and six months) of the recommended punishment according to the sentencing criteria; and

2. The nature of the crime is not exceptionally considered in light of the degree of the use of violence, etc. due to the crime committed by a police officer who has been dispatched after 112 report was made due to the costs incurred by the defendant in the decision of sentence.

Although the defendant had been subject to criminal punishment several times due to the crime of damage to public goods, the crime of injury, assault, etc., the defendant has committed another crime of this case.

On the other hand, it seems that the defendant recognizes and reflects the crime, and there is no record of criminal punishment exceeding the fine so far.

In addition, the defendant, on August 14, 2018, 500,000 won when the police officer D was a person under guard.

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