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(영문) 서울중앙지방법원 2017.08.16 2016고단6900
공무집행방해
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 21, 2016, at around 15:00, the Defendant: (a) stated that “The Defendant was in front of the point in Jung-gu Seoul, Jung-gu, Seoul; (b) stated that “The Defendant was in a disturbance to be laid down on the road by putting off his clothes from the front of the road” on the 112-report, and that “the Defendant was in front of the point that he was dispatched to the front string string string string string string string string, string string string string string string string string string string string string string string string

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

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. E statements;

1. The application of statutes on the place of work for the F District, and photographs;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, the reasons for sentencing of sentence of imprisonment with prison labor, and the reasons therefor;

1. The scope of punishment by law: Imprisonment with prison labor for one month and five years;

2. Application of the sentencing criteria;

(a) Determination of types: Class 1 that interferes with the execution of official duties, due to a crime that interferes with the execution of official duties;

(b) The territory of recommendation and the scope of punishment: Basic area, imprisonment with prison labor, June and one year and six months.

3. The sentence shall be determined as ordered by comprehensively taking into account the following factors: (a) the Defendant’s character, conduct, environment, occupation, family relationship, motive and consequence of the crime; and (b) the circumstances after the crime was committed during the period of suspended execution; and (c) the various sentencing conditions specified in the instant records and trial process.

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