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(영문) 서울남부지방법원 2017.02.10 2016고단5438

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight 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

around 02:20 on November 9, 2016, at the vicinity of the public parking lot of 316-10 Y Dong-dong, Yangcheon-gu, Seoul, Yangcheon-gu, Seoul, the Defendant: (a) was tightly pushed down the ice D’s spath, neck, and breast part of the chest E, and continued to tightly pushed down the chest E with his hand, with his hand, she was tightly pushed up the chest E with his fee paid from D and she was called to return home from the slope.

Accordingly, the defendant assaulted police officers to interfere with the legitimate execution of duties of police officers on handling 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, D, or E;

1. A written statement;

1. A criminal investigation report (attaching evidence, images, photographs, etc.);

1. Video CDs;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 136 (1) of the Criminal Act concerning 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. Scope of the recommended punishment according to the sentencing guidelines / [type determination] Scope of the recommended punishment [Interference with the performance of official duties] Class 1 (Interference with the Performance of Official Duties and Compelling the Performance of Duties] / (where there are many public officials suffering damage), the subject of aggravated punishment (decision in the sphere of recommendation] / [Scope of the recommended punishment] 1 year to 4 years [person who is subject to general sentencing] mitigation factors (no history of criminal punishment)

2. Circumstances disadvantageous to the determination of sentence: The crime of this case is committed by the Defendant upon receiving a 112 report and obstructing the exercise of legitimate public authority, and is not very good to commit the crime.

There is no such circumstance that the degree of violence against the victimized police officers is not easy and the victims have recovered from the victims.

The defendant's mistake is recognized as favorable circumstances.

There is no record of criminal punishment against the defendant.

Although there are such unfavorable circumstances, there are favorable circumstances as above, and the defendant in this case.