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(영문) 서울남부지방법원 2016.05.18 2016고단605

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On 15:03 on 201. 21. 21. 201. 21., the Defendant: (a) under the influence of alcohol on the grounds that he had been subject to prior notification at the Yeongdeungpo-gu Seoul Yeongdeungpo-gu Seoul Seoul Police Station C District; (b) performed the same behavior continuously despite being able to return home at several times due to the disturbance, such as finding the said district unit, taking a bath, and opening the entrance with inserting a insertion, etc.; and (c) was notified as a disturbance for drinking; and (d) was subject to notification as a disturbance for drinking; (c) the Defendant was fluencated by fluencing the sand that he entered the said district; and (d) after entering the said district into the said area, the Defendant was flucated by inserting the sand that he was suffering.

The above police officers interfere with the legitimate performance of official duties of police officers concerning the situation work in the earth, such as Da, security guards, E, and patrolmen, who were on duty while on duty while serving in the earth.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to a global CCTV video file and to the closure of video images;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions]: Obstruction of the performance of official duties and interference with the performance of official duties in the crime interfering with the performance of official duties; / there is no person who is subject to special sentencing (the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations); 6 months to one year and four months.

3. There is no reason for the suspension of execution [main reason for the suspension of execution] [General reason] positive: Serious reflection, or there is no criminal conviction or more for the suspension of execution.

4. The Defendant, who previously received a notification prior to the sentence, was unable to find the complaint in the district unit with respect to his or her character on the ground that he or she had been subject to the prior notification, and was in the disturbance of drinking.