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(영문) 서울북부지방법원 2016.12.23 2016고단4823
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 October 21, 2016, at around 01:10 on October 21, 2016, the Defendant received a report from the Defendant’s house located in Dobong-gu Seoul, Dobong-gu, Seoul and the 112th century, and assaulted the police officer with the words “assumed after receiving a domestic violence report” from D (50 years of age) belonging to the Seoul provincial Police Station C police station, which called “assumed after receiving a domestic violence report,” but, upon hearing the words “assumed flag, who would have been reported, who would not know who reported” from the police officer D, “assumed the police officer D’s batch, who would have the right bucked with the knick.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

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 of Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] The punishment shall be determined as per the Disposition, taking into consideration the following: (a) there is no basic area (6-1 year and April) of the obstruction of performance of official duties (6-1 year and April); (b) there is no person who has been sentenced to special punishment (decision of sentence] of the defendant’s wrongness, and there is no record of punishment heavier than the fine.

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