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(영문) 서울남부지방법원 2017.04.13 2016고단6257

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 December 18, 2016, at around 16:30 on December 18, 2016, the Defendant assaulted F’s chest at one time by hand at the right side of F’s entry into the territory of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, upon receiving a report from 112 that the proprietor satisfes, and was urged by F to return home from F.

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

Summary of Evidence

1. Statement made by the police with regard to F;

1. G statements;

1. A photo of the damaged part;

1. Application of the Acts and subordinate statutes on the job site of E earth;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence was determined by comprehensively taking into account the following factors: (a) the Defendant did not have been punished as his previous forces; (b) the Defendant appears to have committed contingent crimes under the influence of alcohol; and (c) the Defendant’s age, sexual conduct, circumstances after the commission of the crime; and (d) various sentencing conditions indicated in the records

It is so decided as per Disposition for the above reasons.