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(영문) 서울남부지방법원 2016.07.07 2016고단1817

공무집행방해

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 16, 2016, at around 03:10 on April 16, 2016, the Defendant received a soup crying room in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, for the soup crying room, a bath and continued to make soup crying staff D reported 112.

The Defendant shall not enter the soup room from F of the background leading up to the Seoul Young Military Police Station E District, which was called upon 112 report, “Any person under the influence of the rule shall not be allowed to make soup.

“In hearing the horses, assaulted F’s chest part of f’s chest by drinking to receive the eviction request, biff’s face at the hand floor, f’s face at one time.

As a result, the defendant interfered with the police officer's 112 report processing and legitimate execution of duties concerning crime prevention.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Police statements concerning F;

1. Written statements of D;

1. Notification to the department related to the report of the 112 case, application of Acts and subordinate statutes to the E District Work (H) and investigation report ( telephone conversations counter-party to a wooden person);

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution. Article 62 (1) of the same Act on the grounds for sentencing as follows;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. Application of the sentencing criteria;

(a) Determinations: [13] interference with the performance of official duties, 01. interference with the performance of official duties, / interference with the performance of official duties / coercion of official duties;

B. There is no special sentencing factors or general sentencing factors:

(c) Scope of recommendations: Basic area, six months to one year and four months; and

3. Determination of sentence: Imprisonment with prison labor for eight months, two years of suspended execution, two years of community service, two hundred hours [ favorable circumstances] reflect on social service, and family relations clear [any unfavorable circumstances] on April 14, 201; imprisonment with prison labor for ten months, two years of suspended execution, two years of suspension of execution, and eight months of imprisonment with prison labor for obstruction of public duties, obstruction of duties, and crime of injury on November 29, 2007, and two years of suspended execution. A majority of fines as other violence, injury, and damage to property are imposed.