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(영문) 서울남부지방법원 2016.12.15 2016고단3844

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 23, 2016, the Defendant, at around 15:15, who was in dispute with D and parking at the street in front of Yeongdeungpo-gu Seoul Metropolitan Government, and was reported by the Defendant 112 at the site, assaulted the above F with f’s left knife of the police clothes, on the ground that the f of the police box affiliated with the police box of the Seoul Yeongdeungpo Military Police Station Emba, which was dispatched to the site by disregarding the reporter himself, and that the f was only D’s only.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement concerning F;

1. Written statements of D;

1. A report on investigation (explosion of a site and search in the vicinity thereof);

1. Application of the Acts and subordinate statutes of a criminal investigation report (video recorded in a host camera);

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommendations on the sentencing criteria [the scope of recommendations] shall be the basic area (6 months to 1 year and 4 months) of the obstruction of performance of official duties (the scope of recommendations].

2. The fact that the Defendant’s decision on the sentence of sentence gives the police officer in uniform and uses violence is very good.

However, considering the fact that the defendant is led to confession and reflectness, the degree of violence is relatively minor, favorable circumstances such as the fact that the defendant has no criminal records of the same kind of crime, and other conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, character and conduct, the environment, etc. of the defendant, the punishment like the order shall be