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(영문) 서울중앙지방법원 2017.09.22 2016고단8279
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 became final and conclusive.

Reasons

Punishment of the crime

On October 2, 2016, at around 00:26, the Defendant, while under the influence of alcohol, was divinging in front of the Eastern Station located in Jongno-gu Seoul, Jongno-gu, Seoul, Seoul, the Defendant shouldered the Defendant, who was under the influence of alcohol and arrived at the site upon receiving the 112 report, and was on the side of the police box B, who was in the presence of C.

19 Emergency Medical Service Members D committed assault against C, i.e., C’s face, buckbucks, and bucks, knife C’s rewing part, which prevents D from drinking, by hand, with his intention to check the state of the Defendant.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reported cases by C, who is a police official.

Summary of Evidence

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. Statement made to C by the police in the protocol; and

1. Entry of individual entry or departure status;

1. Application of the Acts and subordinate statutes entered in the investigation report (119 emergency medical service personnel's statement case);

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

1. The scope of the recommended punishment on the sentencing criteria / [type] the basic area [the scope of the recommended punishment] shall be punished by imprisonment for six months to one year and six months; and

2. That the sentence imposed by the defendant, who entered the Republic of Korea by exemption from a visa, had been applied to a police officer who was trying to take protective measures against the defendant under the influence of alcohol to exercise violence against the foreigner, and the punishment for the crime is minor;

On the other hand, in consideration of the favorable circumstances in which the defendant has caused a certain contingent crime, the term of punishment for the defendant shall be set to six months within the scope of the recommended punishment, and the execution of the punishment shall be suspended.

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