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(영문) 서울북부지방법원 2016.11.29 2016고단3704

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 13, 2016, at around 14:30 on June 13, 2016, the Defendant: (a) assaulted Seongbuk-gu Seoul and the third floor Defendant’s house D, and received 112 reports to arrest a flagrant offender from police officers F, G, etc. belonging to the Sungbuk Police Station E-gu, Seongbuk Police Station E-gu, which called “a son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on police seizure records;

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

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The scope of recommendations on the sentencing criteria [the scope of recommendations] shall be the basic area (two months of imprisonment to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties).

3. Determination of sentence shall be made in the same manner as the order, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, the age, health status, family relationship, tendency, etc. of the defendant:

The favorable circumstances: The defendant's act is divided into and against his own crime, and the defendant has no record of criminal punishment, etc.; the defendant puts a knife, which is dangerous to the police dispatched after receiving a report of domestic violence 112, etc., and the method of crime is considerably poor.