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(영문) 서울북부지방법원 2017.01.26 2016고단4806

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 30, 2016, the Defendant was under the control of the victim G while driving his car in the front of the Seoul Jung-gu Seoul Central Road on the road where the U.S. is prohibited from the U.S. on May 30, 2016.

Accordingly, when the Defendant received a driver's license from the above injured party, the Defendant, while refusing to present a driver's license, called "I must have his/her husband attend school" while leaving the said vehicle as it is while the victim putting his/her hand in the vehicle through the window of the driver's seat opened, and let the victim take about five meters of the window of the car and let the victim take about five meters of the window of the car, thereby causing injury to the victim, such as the base for two weeks of medical treatment.

As a result, the Defendant interfered with the legitimate performance of duties by police officers on traffic control, and at the same time inflicted an injury on the victim G.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (verification of black stay images);

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 of the community service order;

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

2. Where he/she interferes with the execution of public duties in the aggravated area (six months to two years) (referring to a person who has been specially increased) of one type of general injury (the scope of the recommended punishment) on the sentencing criteria.

3. Determination of sentence shall be made in the same manner as the Disposition, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, age, family relationship, and tendency of the defendant:

The favorable circumstances: the defendant is divided into and reflects his own crime, and the defendant is subject to criminal punishment for the same crime.