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(영문) 서울북부지방법원 2016.04.07 2016고단575

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 10, 2015, at around 23:54, the Defendant reported that the Defendant 112 was frighting at the “C” restaurant located in Dobong-gu Seoul, Dobong-gu, Seoul, and sent to the scene, saying, the Defendant stated that he was frighting to the police box, and that he was frighting to the police box, and moved to the D police box located in Dobong-gu Seoul Metropolitan Government F.

피고인은 2015. 12. 11. 00:25 경 위 파출소에서 위 경찰관 E로부터 귀가하라는 말을 듣고 화가 나 위 경찰관에게 " 이런 씹새끼가, 아이고 개 새 꺄, 내가 혀 깨물고 죽으면 니들은 다 죽어, 야, 씨 발" 등의 욕설을 하며 가슴 부위를 3회 밀치고, 목 부위를 손목으로 1회 밀치는 등 폭행하였다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of CCTV-related Acts and subordinate statutes;

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 Criminal Act of the suspended sentence [the scope of recommendation] The reason for sentencing under Article 62(1) of the Criminal Act refers to the case where the degree of violence, intimidation, and deceptive scheme is insignificant (one month to eight months) in the mitigated area (i.e., interference with the performance of official duties and coercion of duties) (i.e., January to August), and the degree of punishment is minor (i.e., a decision of sentence] without good cause, and the offense committed

However, it is more favorable to the fact that the degree of violence is minor, reflects it, violence and no criminal record of the same kind, and that it seems that it leads to contingent crimes under the influence of alcohol.

Other factors such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., in consideration of the following factors, the punishment shall be determined as ordered by taking into account.