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(영문) 서울북부지방법원 2016.09.02 2016고단1295

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 7, 2016, at around 18:00, the Defendant requested the said singinger E to give a singing voice in the “Dnogle” underground of the Seoul Special Metropolitan City Nowon-gu Seoul Special Metropolitan City Nowon-gu, and the Defendant sent a voice upon the refusal of the request from E, and carried the stick in his possession.

At around 18:30 on the same day, the Defendant: (a) returned home from a slope G belonging to the F Zone Team dispatched to the site after receiving a report on 112 that “the Defendant is under influence of alcohol.”

The Gu is subject to the Gu, but the young police officer refused to return home, and the G refused to return home, and assaulted by G, etc. one time with a stick in which G, etc. is locked.

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

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes of E;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] There is no basic area (6-1 year and four months) of the obstruction of performance of official duties (decision of sentence] (decision of sentence), the background of the crime, the criminal power of the defendant and the attitude of the defendant presented before and after the crime, the health conditions of the defendant (finite satisfying, depression, satisfying of alcohol, etc.) and living conditions of the defendant, etc. shall be determined as per the order.