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(영문) 서울남부지방법원 2016.07.27 2016고단1823

공무집행방해

Text

A defendant shall be punished by imprisonment for four 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 May 4, 2016, around 22:45, the Defendant was found in front of the D District of the Seoul Yangcheon Police Station located in Yangcheon-gu Seoul Metropolitan Government, Seoul, the issue of taxi engineer and destination. However, police officers also expressed that they returned a taxi engineer as they were, and they expressed that they “I am home” to E in the circumstances where the above E was employed for the Defendant’s returning home. In doing so, the Defendant assaulted that the left chest part of the clothes worn by the above E, which he was on duty, was shakened, and that they boomed at one time with the left hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on civil petition affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

1. Selection of imprisonment with prison labor chosen;

1. Where the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] the reason for sentencing under Article 62(1) of the Criminal Act (amended by the Presidential Decree No. 62(1) [the scope of recommendation] interference with the performance of official duties (in January to August 8), [the special mitigated person] the degree of violence, intimidation, and deceptive scheme is minor (the decision of sentencing], the fact that the police officer who is performing official duties has assaulted a police officer who is performing official duties is disadvantageous, or that the defendant misleads the defendant, and that there is no other force of punishment except that who has been punished twice by a fine due to a violation of the Punishment of Violences, etc. Act, other favorable circumstances, such as the defendant's age, sexual behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., shall be