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(영문) 서울북부지방법원 2016.10.14 2016고단3146

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 2, 2016, the defendant reported that he assaulted the father of the defendant on July 2, 2016, and went to the same district unit in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu.

In order to ask his father of the Defendant for the background of damage, the Defendant expressed that the Defendant “I am flick, flick, and die. I will do so. I see that I would be punished as a crime of insult if I continue to do so.” I see that “I amflicker as C,” and used the Defendant’s words “I amflicker as C,” and used it as a threat that I am flicker and flicker, and that I am amflicker who was on the duty clothes of C by hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);

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

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] The following shall be comprehensively taken into account: (a) the basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties; (b) there is no person who has a special appearance [decision] [decision of sentence] the Defendant’s wrongness; (c) the Defendant’s deposit of KRW 1 million for the victim; (d) the Defendant’s criminal records (no person who has been subject to heavier punishment than fine) (no person who has been subject to heavier punishment); and