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(영문) 서울북부지방법원 2018.09.13 2018고단2347
공무집행방해
Text

The punishment of the accused shall be eight months by imprisonment.

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

Reasons

Punishment of the crime

On April 27, 2018, the Defendant, at around 04:09, 'C' restaurant located in Seoul Special Metropolitan City, Nowon-gu, and 112, assaulted D’s police officer belonging to the Nowon Police Station, who was called up after receiving a report, on the back of the patrol station to return home with the police officer D, the police officer belonging to the Nowon Police Station, and on the front of the G oil station located in Seoul Special Metropolitan City, Nowon-gu, the Defendant: (a) was on the back of the patrol station; (b) was skeing the trees of E which he was driving; and (c) was sicked from the patrol car stopped after the stop.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of patrol stuffs and video images);

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Scope of the recommended sentences according to the sentencing criteria;

A. First-Class 1 Crimes [Scope of Recommendation] Crimes (Obstruction of Performance of Official Duties and Compelling of Duties) in the basic sphere (from June to one year and six months) / None of the special sentencing factors (a person who is subject to special sentencing)

B. Group 2 Crimes [Scope of Recommendation] No. 1 (Obstruction of Performance of Official Duties and Compelling Performance of Duties) is the basic area (6 months to one year and six months) (special sentencing factors).

(c) The scope of final sentence due to the aggravation of multiple offenses: Six months to two years; and

2. Crimes are not good for police officers who want to help the defendant to return home, due to the use of violence under the influence of alcohol.

Furthermore, it seems that the police officers E, who are driving, shaking the trees of the police officer E, caused a dangerous situation that may cause the accident.

On the other hand, the defendant seems to recognize the crime of this case and oppose it, and there is no record of criminal punishment exceeding the fine.

On September 7, 2017, police officers D and E deposited KRW 500,000 and KRW 700,000, respectively.

otherwise, the age of the defendant;

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