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(영문) 서울서부지방법원 2016.04.27 2015고단2957
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four 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 November 6, 2015, around 01:35, the Defendant observed that the police officer D, who belongs to the Mapo Police Station C District of Mapo Police Station, intends to transfer the Defendant’s wife arrested as a flagrant offender of the crime of assault at the Mapo Police Station’s parking lot of Mapo-gu Seoul, Seoul, to the criminal community of the Mapo Police Station, and that D, “I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am well according to the criminal community office of the Mapo Police Station.

Before being able to do so, he/she expressed his/her desire such as "welves", and assaulted D, such as being placed on the chest of D due to her head and being sealed by body.

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the arrest of police officers in the act of committing a crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of E;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act ( favorable circumstances among the reasons for sentencing) is [the scope of recommendation] The basic area (from June to January, 1) of Article 62(1) of the Act on the Suspension of Execution of Duties (the grounds for sentencing) is without [the decision of sentencing] [the defendant recognized the crime of this case and divided his mistake]. The defendant was detained for about one month, and the defendant's age, sex, sex, environment, family relationship, motive, means and consequence of the crime, the circumstances after the crime, etc. are considered in the arguments of this case, and the punishment is determined as ordered.

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