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(영문) 서울남부지방법원 2017.02.02 2016고단5636

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

1. On September 20, 2016, around 17:33, the Defendant obstructed the victim’s taxi operation service for about 15 minutes, such as riding in a taxi operated by the victim B in the north-ro 29 at the center of Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and moving tobacco to a new bit apartment located in 293, Yangcheon-gu, Yangcheon-gu, Seoul, and smoking in a taxi and taking care of the victim B to a new bit apartment.

2. On September 20, 2016, around 18:10 on September 20, 2016, the Defendant: (a) recommended the Defendant to pay a taxi fee and return home on the part of the Defendant; (b) the E circumstances belonging to the Seoul Yangcheon Police Station D District dispatched after receiving a 112 report on the same ground as paragraph (1) before Yangcheon-gu Seoul; and (c) recommended the Defendant to pay a taxi fee and return home; (d) the Defendant was going on the floor of

“Intimidating”, and assaulting the attitude that seems to be in the course of drinking, such as booming, leading up to such an attitude.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement prepared B;

1. Application of the receipt statute

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;

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 suspended execution;

1. 0-2 favorable circumstances for sentencing under Article 62-2 of the Social Service Order Criminal Act: The degree of threat of force or assault is not much severe, and the victim of the obstruction of business does not want to be punished against the defendant; 0 disadvantageous circumstances: The person has been punished several times for a crime related to violence, including the judgment of suspension of execution due to the same kind of crime;

A. Other factors such as the circumstances, means and consequence of the crime, and circumstances after the crime.