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(영문) 서울남부지방법원 2016.10.12 2016고단3719
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 11, 2016, the Defendant: (a) around 19:05, around the Seoul Geumcheon Police Station in Gwanak-gu, Seoul, Seoul Special Metropolitan City, where the Defendant was reported by a medical police officer belonging to the above police station that the Defendant did not pay a taxi fee, and (b) took a bath to show identification cards and walletss from the ordinary police officer belonging to the above police station who was reported by the Defendant that he did not pay a taxi fee, and (c) took a bath to “Y Y Y Y Y Y Y Y Y k k k k k k k k k k k k k k k k k k k k k k k k k k

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning B and C;

1. Written statements prepared in D;

1. Investigation reports (Analysis of CCTV images) and application of CCTV video CD-related Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Six months to one year and four months from the date of imprisonment with prison labor on the sentencing criteria (the basic area of the obstruction of performance of official duties)

2. The crime of this case committed by the Defendant who gives a bath to a medical police officer in the course of performing official duties and uses several assaults is not exceptionally considered.

However, considering the fact that the defendant appears to be a contingent crime committed by the drunk, that the defendant's mistake is recognized, that the defendant has no same criminal record, that there is no other criminal record other than the minor criminal record, and that the social relationship of the defendant is obvious, etc., the punishment shall be determined like the order.

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