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(영문) 서울남부지방법원 2017.03.07 2016고단5957

공무집행방해등

Text

A defendant shall be punished by imprisonment for six 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

Criminal facts

1. Around 00:00 on November 18, 2016, the Defendant: (a) while drinking a mixed alcoholic beverage at “D” heading “D” heading in Gangseo-gu Seoul Metropolitan Government, the Defendant: (b) Dacing the customer with whom the name on the table table is unknown while under the influence of alcohol; (c) Dacing the customer with the desire to “non-satisfing, sat-free sat-sat-sat-sat-sat-sat-sat-sat-sat-sat-sat-sat-sat-sat-sat-sat-sat

2. The Defendant, upon receiving a report at the above date and time and place, expressed his desire to the above F to return home from the border F belonging to the Seoul Western Police Station E District F, and assaulted the said F at one time on the right side of the said F with his left home drinking.

Accordingly, the defendant interfered with legitimate execution of official duties concerning the maintenance of order of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and C;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the obstruction of business, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of public duties and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Scope of the recommended sentences according to the sentencing criteria;

A. 1) Crimes 1 (Obstruction of Execution of Official Duties, Basic Crimes) / [Scope of Recommendation] Crimes 1 (Obstruction of Execution of Official Duties, Obstruction of Duties) (Obstruction of Execution of Official Duties) (Case 1) (Obstruction of Execution of Official Duties, and Forced Performance of Duties) (Case 1) (Obstruction of Performance of Duties, From June to January 4) in the basic area (Special Sentencing) (Case 2 (Obstruction of Duties) (Scope of Recommendation) [Scope of Disturbing Punishment] in the mitigated area of Business Obstruction (Act No. 1 to August) (Special Mitigation)

(b) Scope of punishment recommended according to the standards for handling multiple crimes: Six months to one year and eight months;

2. The defendant shall be sentenced to imprisonment with prison labor for not more than six months and not more than two years of suspended sentence) from the time when the victim's office is operated to the other customer.