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(영문) 서울북부지방법원 2016.01.29 2015고단4226

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 25, 2015, at around 01:15, the Defendant: (a) 112 reported at the 5-dong community service center operated by the Defendant on a set 434-off 5-ro, Seoul Special Metropolitan City, Nowon-gu, Nowon-gu, in front of the 5-dong community service center; (b) solicited the Defendant to return home with the seat of D having been dispatched to the site after receiving a report from B- 112; (c) and (d) the background leading up to the Nowon-gu Police Station C District of the Nowon-gu Police Station called up

D’s face was expressed at one time due to drinking, such as “a scarcity frien’s frien is a scarsh’s death,” and her hand was pushed down D’s chest, etc.

Accordingly, the defendant assaulted D and interfered with the police officer's legitimate execution of duties concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. B written statements;

1. The application of the laws and subordinate statutes governing the CDs for storage of black stuffs, criminal history inquiries, and judgment;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] Interference with the Execution of Official Duties, and the scope of sentence compared with the applicable sentence and the recommended sentence in the basic area (from June to April): Six months to one year and four months]: (a) a crime interfering with the performance of official duties was committed detrimental to the State’s functions by nullifying legitimate exercise of public authority; (b) a crime interfering with the performance of official duties was committed, and thus, requires strict punishment in order to establish a legal order of the State and eradicate public authority and eradicate light of the public authority; and (c) the Defendant has the power to be punished as a crime of insult by taking account of the fact that there was a desire for police officers even before, and thus, a criminal liability for the Defendant is not somewhat harsh.

However, the defendant's mistake and reflects his mistake while committing the crime of this case, the defendant does not have any criminal record of suspended execution or more, and the defendant's age, sex, environment, motive, means and result of the crime, circumstances after the crime, etc. shall be determined as ordered by the order.