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(영문) 서울북부지방법원 2016.09.09 2016고단2576
공무집행방해
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

On May 13, 2016, at around 23:35, the Defendant without permission crossing the crosswalk in front of the Seoul Southernbuk-gu, Seoul, and obstructed the passage of the Defendant by blocking the Defendant from standing in front of the urban bus with a horn, and thereby obstructing the Defendant’s legitimate performance of duties concerning patrol within the police officer by assaulting the police officer’s patrol boat, who was on the patrol, and discovered the police box D, who was in the vicinity of the said patrol vehicle, and getting off from the patrol vehicle to the Defendant. The Defendant stated that “I am on the police, I am off, I am off, I am off, I am off, I am off, I am on the floor, and am off the above D’s flab, and ambling it, and ske it, and obstructed the Defendant’s duty.

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 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order [the scope of recommendations] The basic area of sentencing (six months to one year and four months) [the person subject to special sentencing] is not [the sentence]. The execution of imprisonment shall be suspended in consideration of the defendant's criminal records (seven times before and after violence, two times before the obstruction of the performance of public duties, and five times before the fraud), the nature of drinking habits, etc., and the protection, observation and community service shall be added in addition, taking into account the defendant's criminal records (seven times before violence, during the period of two times before and after the crime, during the period of two times before the crime), and the nature of drinking habits, etc.

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