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(영문) 서울서부지방법원 2016.11.02 2016고단2657
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 26, 2016, around 05:15, 2016, the Defendant called up after receiving a report from E-si 201, that the Defendant did not pay a fare from a taxi in front of Mapo-gu Seoul Metropolitan Government D apartment 201, and took a bath to the police officer belonging to the F Zone of the Seoul Mapo Police Station, which carried the Defendant, while taking a bath to the police officer belonging to the F Zone of the Seoul Mapo Police Station, and let him take the chest of G on one occasion on the left side of drinking.

Since then, the Defendant, without paying a shoulder or taxi fee in diving, committed assault, such as taking a bath to the police officer belonging to the same blue zone where the Defendant again demanded the payment of the taxi fee, and taking the H's chest on a part of the blue zone, and taking the H's chest on a one-time basis.

Accordingly, the defendant assaults police officers who perform legitimate duties in relation to the maintenance of order and criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to G and H

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The sentence of Article 62-2 of the Criminal Act of the Act on Probation and Order to Attend a Probation and Order to Attend a Police Officer again committed a crime during the period of suspension of execution due to the same criminal act committed by a police officer, and several police officers were assaulted, and the degree of assault is deemed to have been less and less severe (in the case of investigation records, 31 pages, 33-34 pages, 43-4 pages, and 43-4 pages). The sentence of imprisonment with prison labor is deemed to have been sentenced for six months, but it is deemed that it is against the depth of the crime even if the police officer is detained for a certain period of time, it is deemed that the enforcement of the sentence would not have been planned, and that a certain amount of money was deposited in order to recover damage to police officers, etc. The execution of the sentence shall be suspended by taking account of the circumstances,

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