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(영문) 서울북부지방법원 2016.04.08 2016고단571
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 17, 2015, at the street of culture located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu around 06:05, the Defendant was demanded to voluntarily accompany the Defendant to the Seoul Nowon-gu Police Station C District of Nowon-gu, Seoul Nowon-gu, which was called out after receiving the Defendant’s 112 report (Contents: the Defendant did not return things, but did not return to the house) from the Defendant’s women-friendly Gu B, and moved to the district.

At around 06:20 on the same day, the Defendant heard the horses from D Inspector to “B return the Ban,” and expressed D Inspector’s desire to “C Y Y,” and used the chest in his hand.

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

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 provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. A person whose sentencing under Article 62-2 of the Criminal Act to observe the protection and observation is the one-year sentencing factors that hinder the performance of official duties in aggravating the basic aggravation of the classification of types between August and April 1 to April 4: A person subject to general sentencing (not falling short of the sentencing factors): A sentence that does not fall under the relevant factors subject to mitigation: A sentence that is to be sentenced for one-year imprisonment: 4 months of imprisonment, 2 years of suspended sentence, 2 years of suspended sentence, the sentencing guidelines set by the Sentencing Committee set by the Supreme Court under the protection observation, and the sentencing guidelines set by the Sentencing Committee set by the Supreme Court and the following sentencing factors set forth in the arguments, such as the Defendant’s age, sexual behavior, family environment, etc., are equally examined.

A aggravated person: A mitigated person, such as unsatisfying of a crime committed against a police officer, accumulated records of punishment, etc.: A confession, having no criminal record for the same kind of crime, and a single case: Seoul Northern District Court Decision 2015No. 225, Seoul Northern District Court (joint conflict). Second Criminal Division (new atmosphere. 7 million won: fine of 7 million won)

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