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(영문) 서울남부지방법원 2016.04.27 2016고단525
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 becomes final and conclusive.

Reasons

Punishment of the crime

At around 05:50 on January 7, 2016, the Defendant was arguingd in Cuding room Nos. 4 in Gangseo-gu Seoul, Gangseo-gu, Seoul, and confirmed the facts of fighting to the site upon receipt of a report that fighting had occurred, the Defendant sent the victim E face, a police officer belonging to the Seoul Police Station D District, to the police officer belonging to the Seoul Police Station, two times a drinking, and the Defendant took one head of the victim police officer belonging to the same district group, who was the police officer belonging to the same district group, and interfered with the police officer’s legitimate performance of duties concerning handling reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and E;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The scope of recommended punishment according to the sentencing guidelines [the types of decisions] that interfere with the performance of official duties, and there is no person who is forced to perform his/her duties (type 1] (the territory of recommendation and the scope of recommended punishment] (the scope of recommended punishment] basic area, six months from imprisonment to one year and four months.

3. There is no reason for the suspension of execution [major reasons for the suspension of execution] (general reasons): Proactive social ties clear, serious reflection of social ties.

4. To obstruct the performance of official duties by assaulting a police officer, who is performing a legitimate official duty, the nature of the crime is not weak, and the defendant has been sentenced four times a fine for violence crime before.

However, the sentence is determined as ordered by considering the fact that the defendant is against his mistake, the fact that the damaged police officer was found after the crime of this case, the fact that the damaged police officer was neglected, and other conditions of sentencing as shown in the records and arguments.

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