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(영문) 서울북부지방법원 2016.04.12 2015고단2677

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

Punishment of the crime

On June 21, 2015, around 01:48, the Defendant: (a) reported at the top of the branch office of Jongno-gu Seoul Bank, Jongno-gu, Seoul, 270 in front of the branch office of the branch office of the branch office of the bank, “the Defendant is unable to have his or her female friend;” and (b) returned to the taxi at the request of the Defendant’s female friend by the victim D (53 tax) who is the police box of the Seoul Houng Police Station C, a police box of the Seoul Hoan Police Station that called to the site after receiving a report of 112 that “the Defendant is unable to have his or her female friend.” On the ground that he or she went home to the taxi at the request of the Defendant’s female friend, the Defendant fried the victim, and fried the victim’s friend by kne.

As a result, the Defendant interfered with the legitimate execution of duties by police officers in relation to the 112 Crime Report Processing Affairs, and at the same time, the Defendant inflicted on the victim’s base salt and tensions that require approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A medical certificate (No. 6,7 No. 500);

1. Photographs of the damaged police;

1. Investigation report (report on E- call of police officers dispatched to the scene);

1. Application of Acts and subordinate statutes to report on investigation (to listen to statements by the damaged police phone);

1. Article 257 (1) and Article 136 (1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

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

2. Where the scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] general injury (the scope of the recommended punishment] is the basic area (the imprisonment of April to one year and six months) of the basic area (the imprisonment of April to one year] [the special aggravated person] in the case of interference with the performance of official duties, [the person who has been specially mitigated] in the case of punishment not (including the serious effort to recover damage), or damage has been restored to a considerable part;

3. The sentence sentence DD shall be pronounced.