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(영문) 서울남부지방법원 2016.12.21 2016고단4999

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 01:10 on October 15, 2016, the Defendant repeatedly committed assault, such as the Defendant’s “Cjuk” on the front side of the “Cjuk” located in Gangseo-gu Seoul Metropolitan Government, on the ground that the police officers, such as the Defendant’s slope E, etc., dispatched to the scene after receiving the Defendant’s 112 report, do not promptly find the key of the Defendant’s vehicle nor directly move the vehicle to another place, on the ground that the police officers, such as the Seoul Gangseo-gu Police Station D District Unit E, etc., dispatched from the site, do not directly move the vehicle to the other place. The Defendant forced the instant E to use the farbbbb by force, and tried to use the said farb by “the hand of the police officer’s body,” while leaving the farb by extending the hand into the body of the police officer, and used a smartphone, such as the right hand, etc. of the said E.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of police officers' 112 reported cases and the maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to photographs of the upper part of a damaged police officer;

1. The relevant Article of the Criminal Act, Article 136 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment, and the reasons for sentencing;

1. Six months to one year and four months from the date of imprisonment with prison labor on the sentencing criteria (the basic area of the obstruction of performance of official duties)

2. The crime of this case committed by the police officer who called out after receiving a report that the defendant would find the keys of the vehicle is extremely poor in the quality of the crime of this case where the police officer was forced to walk the time room without any reason and assault and interfere with official duties.

The defendant has been punished for the same kind of crime in the past and has been sentenced to several times or criminal punishment, and even during the period of probation, he committed the crime of this case.

The sentence of imprisonment on the accused is inevitable.

The defendant is a contingent crime committed by the police station, and the defendant is found to be wrong later, and the degree of violence is not much severe.