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(영문) 서울남부지방법원 2017.05.08 2016고단6089
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

except that 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 17, 2016, around 01:05, the Defendant committed an assault, such as walking the mouth of the above D, which was sent after receiving a traffic accident No. 112 report under the influence of alcohol, on the front of the Seocheon-gu Seoul, Yangcheon-gu, Yangcheon-gu, Seoul Central District Court C District District of Seoul, Yangcheon-gu, Seoul, under the influence of alcohol, on the breath of 112, and on the breath of the D’s flaps.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers regarding the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The scope of recommended punishment according to the sentencing guidelines [the types of decisions] the scope of punishment [the scope of punishment [the area of recommendation and the scope of punishment], the basic area of punishment for six months to one year and four months, where there is no interference in the performance of official duties and coercion (one type].

3. There is no reason for the suspension of execution [main reason for the suspension of execution] (the reason for general consideration] positive: It is clear that social ties are particularly serious, and there is no criminal conviction or heavier for the suspension of execution.

4. The act of assaulting a police officer performing a legitimate official duty in the decision of sentence and obstructing the performance of his official duty does not correspond to the nature of the crime, but the defendant led the police officer dispatched due to any traffic accident that occurred while on Board a taxi while under the influence of alcohol, giving contingent assault to the police officer dispatched due to the occurrence of a traffic accident while on Board a taxi, and the crime of violating the Building Act before about 35 years, there is no history of criminal punishment except for a person sentenced to a fine of KRW 500,000,000 as a violation of the Building Act, and other conditions of sentencing specified in the records and changes shall be determined as per the order.

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