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(영문) 서울북부지방법원 2017.04.13 2016고단5256

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 October 20, 2016, around 21:25, the Defendant respondeded to the receipt of a notice of payment of a penalty for a ‘d' crime from F, a police officer F, who belongs to the Seoul Gangnam Police Station E District, who called up after receiving a report from the principal offender to f, that the principal offender frighted his fright at the street in front of the main point of "D' located in Gangnam-gu Seoul, Gangnam-gu, Seoul."

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. Statement made by the police with regard to F;

1. Application of the investigation report (CCTV investigation) and CCTV video CD-related Acts and subordinate statutes;

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. The sentencing criteria for the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] The crime of this case, which is based on the basic scope of sentence No. 1 (Obstruction of Performance of Official Duties and Forced Performance of Duties), is inferior to the nature of the crime, circumstances such as the defendant's age, occupation, sex, family relation, family relation, etc., and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, behavior, family relation, conditions of the punishment before and after the crime, shall be comprehensively considered.