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(영문) 서울남부지방법원 2016.04.20 2016고단389

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 becomes final and conclusive.

Reasons

Punishment of the crime

On December 25, 2015, around 10:30 on December 25, 2015, the Defendant: (a) was unable to comply with the Defendant’s failure to comply with the Defendant’s check even when he was sent back to the scene after receiving the 112 report, and was sent back several times from D, which was called “I am going back to the prosecution, the police, I am back to the police, I am a large time; (b) I am back the parts of the said policeman D’s son’s neck, and continued to d’s snick.

As a result, the defendant assaulted police officers, thereby hindering police officers from performing their legitimate official duties on handling reports 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] There is no person [the person who has been subject to special sentencing] in the basic area (from June to April 1) (the person who has been subject to special sentencing] [the decision of sentencing] [the fact that the defendant again committed the crime of this case even though he had the same record of judgment, there is no record of punishment heavier than the fine imposed on the defendant, there is no record of punishment heavier than the fine imposed on the defendant, the fact that the defendant reflects the defendant's mistake, and the degree of damage is not serious, etc., set forth