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(영문) 서울서부지방법원 2016.09.09 2016고단1329
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to five hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On April 16, 2016, the Defendant violated the Punishment of Minor Offenses Act: (a) b0:20, the Defendant was able to have the police officers working under the influence of alcohol in the Eunpyeong-gu Seoul Western Police Station C police box, Eunpyeong-gu Seoul, Seoul, for about 20 minutes, avoided the disturbance at the above police box, which is a governmental office, for approximately 20 minutes, including: (b) she was able to keep the head of the pigs in custody; and (c) she was shots of the country because she was unable to take the shots; and (d) she was able to take the police officers sittinged in his/her seat.

2. On April 16, 2016, the Defendant interfered with the performance of official duties: (a) at the instant police box around April 21:10, 2016, who was arrested as a current criminal for committing a crime of violating the Punishment of Minor Offenses Act; and (b) was arrested as a criminal and detained for carrying on the patrol, the Defendant: (c) to the assistant assistant D of the said police box affiliated with the said police box, “I see that you want to carry on the patrol car.”

The expression "," etc. is made and the left side of the D was made one time with the floor of the right hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of the above police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to photographs taken by the person under guard at the time when the person renders a spawn in a police box;

1. Relevant provisions of the Act on the Punishment of Minor Offenses, Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of obstructing the performance of official duties, the point of obstructing the performance of official duties, the choice of fines) against the crime, and Article 136 (1) of the Criminal Act (the selection of imprisonment, etc.);

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The community service order under Article 62-2 of the Criminal Act;

1. The scope of recommended sentences according to the sentencing guidelines for the crime of obstructing the execution of official duties in the sentencing of Article 334(1) of the Criminal Procedure Act [the scope of recommended sentences] The basic area (six months to one year and four months) (the person who is subject to special sentencing] (the person who is subject to special sentencing) shall not be sentenced to three times until the decision of 209, which was sentenced to the crime of obstructing the execution of official duties.

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