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(영문) 서울북부지방법원 2016.07.13 2016고단1655

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 27, 2016, around 03:40 on the front of the Seoul Southern-gu, Gangnam-gu, Seoul. Around 03:40, the Defendant: (a) expressed a desire to see that the police officer D, who belongs to the Seoul Gangnam-gu Police Station C police station, who was called after receiving 112, and the Defendant was able to walk up on the road while drinking alcohol, and that the Defendant was able to walk up on the road when she was used to walk back; and (b) assaulted the above D’s above subparagraph, which she was fright back, by taking away from the left hand; (c) she was fright up at a time and pushed up the chest.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Imprisonment with prison labor chosen;

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

1. A person whose sentencing under Article 62-2 of the Criminal Act requires an order to attend a lecture is the one that obstructs the performance of public duties by adding the basic aggravation of the classification of types of crimes to June 1 to April 1 to April 4: The sentencing guidelines for the special sentencing of aggravated factors (not less than a year or four years): The sentence of aggravated factors: The sentence of imprisonment with prison labor for not less than six months: the sentence of imprisonment for not less than six months; the suspended sentence of not less than two years; the person that is subject to an order to attend a lecture for 80 hours aggravated: A person that is subject to a mitigation of punishment, such as confession, the necessity of treatment and protection for violence committed, the absence of records of obstructing the performance of public duties, etc.;