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(영문) 서울북부지방법원 2016.12.14 2016고단4502

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 9, 2016, at around 23:10, the Defendant: (a) 112 reported calls to the effect that, while taking a bath to a woman who is drinking alcohol on the street in front of Seongbuk-gu Seoul, the Defendant: (b) told the above D, who was sent to the Seongbuk-gu Police Station C District of Seongbuk-gu, reported the police officer D, who was dispatched by the Defendant, and was in flight, would be dead; and (c) said D, imposed a notice on the Defendant as a violation of the Punishment of Minor Offenses Act, imposed the notification to the said D as a violation of the Punishment of Minor Offenses Act; and (d) took the tobacco that the Defendant sing back to the same; and (e) obstructed the police officer’s legitimate execution of duties concerning the handling of the reported case by assaulting the said D’s left her hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of applicable sentences under law: One month to five years; and

2. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] and the basic area (six months to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties) (the scope of the recommended sentence].

3. The punishment as ordered shall be determined, in consideration of the age, character and conduct, environment, etc. of the defendant, to the effect that a police officer in the course of decision-making on a sentence of punishment assaults in an insulting manner and the nature of the crime is very bad, the latter and reflects on it, and deposit one million won for the damaged public official, etc.