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(영문) 서울남부지방법원 2017.01.12 2016고단3805

공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant around 06:05 on June 22, 2016, at the “Csing room” located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and police officers belonging to the Seoul Yeongdeungpo-gu Police Station D police station used the assault.

“A state of being called upon receipt of 112 reports, “A state of being called out,” which assaulted the police officer’s legitimate performance of duties concerning the protection of people’s lives and bodies, by assaulting the police officer’s life and body by exposing E, who was written out by the police officer F, when she was boomed by the police officer F.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Application of the F to the Acts and subordinate statutes in the prosecutor's statement protocol;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act [the scope of recommendation] [Article 62-2 of the Criminal Act] The basic area of obstructing the performance of official duties: 6 months to 1 year and 4 months [the sentencing person] does not [the sentencing person] [the sentence sentence] : the background of the crime in this case; the degree of violence exercised; the defendant committed the crime in this case during the period of suspended sentence of imprisonment for the same kind of crime before; the defendant generally recognized his mistake; and the circumstances that the defendant seems to have led to this case under the influence of alcohol because he did not refrain from drinking due to the existence of alcohol; the defendant's age, sexual behavior, health conditions, criminal records, circumstances after the crime, etc. were considered, the defendant ordered a suspended sentence of imprisonment as ordered by the order and ordered the defendant to observe the protection and take lectures for the treatment of alcohol ozone.

It is so decided as per Disposition for the above reasons.