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(영문) 서울서부지방법원 2016.09.29 2016고단1833
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On April 13, 2016, the Defendant damaged 304,797 won for repair costs by drunkly walking the door door of the victim B C-si in front of the World Cup stadium located in Mapo-gu, Mapo-gu, Seoul and without any justifiable reason.

2. The Defendant interfered with the performance of official duties on the same day, arrested a flagrant offender for the crime of the above paragraph (1) at the D District District of Mapo Police Station D, and interfered with legitimate performance of duties concerning the investigation duties of police officers for about 1 hour and 30 minutes, including “e.g., humping,” during the investigation atmosphere to E, a police officer belonging to the D District of Mapo Police Station D, who is a police officer belonging to the D District of Mapo Police Station, for about 30 minutes, such as “humping, humping, and humping, and a vehicle

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and B;

1. Written estimate;

1. Application of Acts and subordinate statutes to report on investigation;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] There is no basic area (from June to January, 1) (the person subject to special sentencing) (the decision of sentencing) (the person subject to special sentencing) [the decision of sentencing] as well as the following circumstances, such as the defendant's age, sexual behavior, environment, motive of crime, crime history, etc., and all of the sentencing conditions indicated in the arguments and records of this case, including the record, shall be determined as ordered.

The crime of this case is committed against a police officer who wears his uniform and performs official duties, and the nature of the crime is not weak, but long, the circumstances that are favorable to the two times of the previous criminal records: confessions and reflects, and the defendant's assertion that the victim of the damage to property has agreed with the victim at the time of this case.

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