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(영문) 서울북부지방법원 2016.02.18 2015고단4712

공무집행방해

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, around 02:00 on November 30, 2015, recommended the Defendant to pay a taxi fee and return home on the ground that the Defendant, a police officer belonging to the Gangnam-gu Seoul Metropolitan Police Station C police station, dispatched after receiving a 112 report from a taxi engineer, recommended the Defendant to pay a taxi fee and return home.

In doing so, this hacker’s hack, the body of the above D was carried by hand, the body was tightly pushed off, the hacks the hacks, and the hacks the hacks by drinking the hacks, as the hacks would turn off the hacks, and the hacks of the hacks, regardless of the control of the above D, were opened without permission and entered the hacks.

He saw Ha and Happed with his success.

Accordingly, the defendant assaulted police officers D, thereby obstructing police officers' legitimate execution of duties concerning the handling of reported cases and the protection of people's lives, bodies, and property.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. A criminal investigation report [this case’s investigation report did not pose a threat to a police officer’s drinking, but according to the evidence mentioned above, it can be acknowledged that the defendant threatened a police officer as stated in the facts constituting a crime in the judgment of the court below]

Application of Statutes

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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 based on the sentencing criteria [the scope of the recommended punishment], and the basic area (six months to one year and four months) (no person subject to special sentencing] of the type 1 (Interference with the performance of public duties and coercion of duties) shall interfere with the performance of public duties;

2. The decision of the sentence of imprisonment is made only once by the defendant who has been sentenced to suspension of indictment due to the crime of injury, the defendant's exercise of violence against the police officer dispatched after receiving a report of 112, the degree of violence is not easy, and there is no effort to recover from damage. However, the defendant is above.