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(영문) 서울북부지방법원 2016.01.13 2015고단2624

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On November 27, 2014, the Defendant was sentenced to a suspended sentence of two months in the Seoul Northern District Court for a violation of the Punishment of Violences, etc. Act (a collective act of violence, such as a deadly weapon) at the Seoul Northern District Court, which became final and conclusive on December 5, 2014, and is currently under suspended sentence.

【Criminal facts” from around July 11, 2015 to around 23:10 of the same day, the Defendant: (a) called up and confirmed the contents of the report after receiving 112 reports related to domestic violence in front of Seongbuk-gu Seoul on the street; and (b) arrested the Defendant who was a fine on June 2015 at the time, and detained in the Sungdong Detention House; and (c) went back to the said E because the Defendant “h, grhee, sark, sark, and sarbked.”

“Along with the sound, the body of the above E was pushed through several times, and accordingly, the above E was able to put the defendant into the counter to the arrest of the defendant in the crime due to interference with the performance of official duties, and was able to put the above E's arms up two times with the hand saw.

Accordingly, the defendant assaulted police officers E and interfered with police officers' 112 handling of reported cases, protection of people's lives, bodies and property, prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry about criminal history, investigation report (verification during the period of suspension of execution), and judgment;

1. The relevant legal provisions of the Criminal Act and Article 136(1) of the Criminal Act regarding criminal facts, the reason for sentencing of sentence of imprisonment [the scope of recommending punishment] The reason for sentencing of sentence [the scope of punishment] shall be strictly punished in order to establish the State’s legal order and eradicate the light of public authority, since the crime of obstructing the performance of public duties committed in June to April 1, 200 in the basic area (from June to April): the applicable sentencing range between the applicable sentencing range and the recommended sentencing range: the crime of obstructing the performance of public duties committed in June to April.