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(영문) 서울남부지방법원 2016.06.10 2016고단1588

공무집행방해

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 April 3, 2016, at the front parking lot of the Yeongdeungpo-gu Seoul Metropolitan Government 28:00 Mad 28-ro 28:15 dyp Office, the Defendant: (a) was sent to the police station B police box belonging to the Seoul Young-gu Police Station B police station that was sent after receiving a report of 112 to the effect that the driver of benz was at contact with the driver of benz, but was suspected of being drunked to drive under drinking; (b) the Defendant was forced to force the driver under the influence of drinking from the slope of the police station B police box belonging to the Seoul Young-gu Police Station.

This would be Chewing. Along with this year, a new year would be 10 million won in one month during which he or she was placed in a new line, she would be able to take a serious bath, i.e., that he or she would have not been able to perform his or her new line of view at present, and that he or she would not have any new line of view, and that he or she would be able to take his or her inside on the bridge of the victimized person, and she would be tightly pushed off three times in the body of the injured person, and then continuously interfere with the police officer's legitimate performance of public duties with regard to handling reports by 112 for about 20 minutes.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Written statements of D;

1. Application of Acts and subordinate statutes notifying departments related to reporting 12 cases;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

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

1. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the basic area [the scope of the recommended punishment], the basic area [the scope of the recommended punishment] six months to one year and four months; and

2. Circumstances unfavorable to the decision-making of sentence: In light of the fact that the Defendant, who received a report on the suspicion of driving alcohol and used serious humiliation and violence to a police officer dispatched, the liability for the crime is not easy, the necessity of strict punishment is necessary for the establishment of public authority, and the content of the bath theory that the Defendant used at the time of the instant case, the victimized police officer is light.