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(영문) 서울북부지방법원 2017.11.15 2017고단3416

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 22, 2017, the Defendant reported that the assault case occurred in the “D” located in the Seoul Central Government, Jung-gu, Seoul, on April 22, 2017, and sent the police officer E who was called out after receiving a report, and the Defendant made a flower and go up to the police officer E who was called out.

“In doing so, he saw E’s chest on one occasion by drinking it, and assaulted the fat of the police officer’s fat, which reads it, by cutting down the bat of the police officer’s bat.

Accordingly, the defendant interfered with legitimate execution of duties on the prevention of danger by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to F and E;

1. Application of investigation reports (Attachment to such video files), CD-related Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and the selection of imprisonment with prison labor for the crime concerned;

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

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. Scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment], the basic area (six months to one year and four months) (no person subject to special sentencing] of the types of Class 1 (Obstruction of Performance of Official Duties and Forced Performance of Duties).

3. The sentence shall be determined like the order, in consideration of the age, sexual behavior, environment, etc. of the defendant, as well as the fact that there are several times the records of punishment for violent crimes against which the sentence has been imposed, the disabled who cut one arms due to an accident, the latter replys to contingent crimes and reflects on the sentence;