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(영문) 서울동부지방법원 2017.01.19 2016고단4011

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On the road in Gangdong-gu Seoul Metropolitan Government on November 15, 2016, 03:20, the Defendant: (a) sent to the site after receiving a report of 112; and (b) whether there is a assault case” to F (54) the circumstances belonging to the Seoul Gangseo-dong Police Station E-gu Seoul, Gangnam-gu, Seoul, to listen to the circumstances of the case from the Defendant’s friendship D, “I am for the evidence of the friench fe., the frien fe-gu. The frien fri

“In doing so, F’s face at one time, and assaulted F’s face, thereby obstructing police officers’ legitimate execution of their duties concerning the handling of reporting duties 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

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. The fact that the Defendant, who had confirmed the circumstances leading up to the assault case, expressed a desire for the police officer, and obstructed the performance of official duties; the police investigation immediately after the crime did not appear to deny and reflect the crime; and the fact that the criminal records punished by a fine on two occasions due to an violent crime are disadvantageous to the Defendant.

On the other hand, the fact that the defendant has no record of crime subject to punishment due to the obstruction of performance of the same kind of official duties, the fact that the defendant recognized all crimes in this court, and that he deposit one million won with the intent of the crime against the victimized police officer, etc. is favorable to the defendant.

The punishment shall be determined as ordered by comprehensively taking account of the conditions of sentencing as shown in the trial process of this case, such as the above various circumstances, the age, sex, and circumstances before and after the crime.