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(영문) 서울남부지방법원 2016.08.25 2016고단3116
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

Criminal facts

1. On June 6, 2016, at around 00:40, the Defendant committed assault against the victim on the part of the victim C (the age of 51) who received a demand from the victim C (the age of 51) to “bruptly hing” that the Defendant would cause disturbance on the roads near Guro-gu Seoul Metropolitan City B, and that he would be able to do so.

2. The Defendant interfered with the performance of official duties at the same time and place as paragraph 1, and at the time of the Seoul Metropolitan City Police Station D District E (34 taxes) affiliated with the police station D District E (34 taxes), etc., in order to restrain the Defendant, the said E was placed at one time at the left hand of the above E, with a view to preventing the Defendant.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

1. Application of the respective laws and regulations of C and H

1. Article 260 (1) of the Criminal Act (the point of assault and the choice of imprisonment) applicable to the facts constituting an offense and Article 136 (1) of the Criminal Act (the act of obstructing the performance of official duties);

O. Imprisonment selection)

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [the scope of the recommended sentence] 1] Violence (Crime 1] (Crime 1): The basic area of violence: February to October 2: the basic area of interference with the performance of official duties / [Class 1] There is neither six months or one year or four months (special person subject to sentencing], nor one half of the upper limit of the punishment on the crime of violence [Treatment of multiple crimes] is added to the area of a punishment for interference with the performance of official duties: Six months or one year and nine months [Pronouncement Decision] in consideration of the circumstances of each of the crimes of this case, degree of violence committed by the defendant, circumstances in which the defendant was found to be erroneous, the defendant's age, sex, criminal records, circumstances after the crime, etc., and the sentence of suspended execution as to the defendant was imposed.

(b) for more than one year.

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