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(영문) 서울동부지방법원 2016.06.02 2015고단2431

공무집행방해

Text

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

Reasons

Punishment of the crime

around 23:05 on August 12, 2015, the Defendant: (a) received 112 reports that the taxi rate problems occurred in front of Gwangjin-gu Seoul Special Metropolitan City, and sent back to the police station of the Seoul Mine Police Station, Seoul, by assaulting the 112 chests of the said D by booming the fluor of the 112 report duties of the police officer; (b) obstructed the police officer’s legitimate execution of duties concerning the 112 report duties.

Summary of Evidence

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of E;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, the reasons for sentencing of sentence of imprisonment with prison labor, and the reasons therefor;

1. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for up to six months and up to April 1, one year and one year; and < by Act No. 1 (Interference with and Forced Performance of Official Duties). The basic area (from June to April 1) - No person subject to a special sentencing: No. 1;

2. There is no attitude against the police officer, such as denying a sentence of punishment and taking a bath during police investigations, and there is a record of suspended sentence or of having been sentenced to a fine not less than 10 times for violent crimes, considering the fact that a person has been punished by a fine due to a obstruction of the performance of official duties, considering the fact that the degree of assault is not severe, considering the circumstances favorable to the fact that the degree of assault is not severe, and taking into account the circumstances favorable to the defendant's age, sexual behavior and circumstances before and after the crime, etc., the punishment shall be determined as per the order.