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(영문) 서울동부지방법원 2017.02.09 2016고단3932
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

around 01:40 on August 9, 2016, the Defendant filed a false report that “the Defendant assaulted another person” at the front of Gwangjin-gu Seoul Special Metropolitan City Gwangjin-gu Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City Gwangjin-gu”), and expressed the desire to “I am at the end of life, I am, I am.” to the guards belonging to the D Special Metropolitan Gwangjin Police Station D Special Metropolitan City Gwangjin-gu Police Station that demanded the presentation of identification cards at the site, and obstructed E’s chest by hand.

As a result, the Defendant interfered with the legitimate execution of duties related to the reporting processing affairs of E.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the F and G respective Acts and subordinate statutes;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. The attitude and result of obstructing the execution of official duties for the reason of sentencing under Article 62(1) of the Criminal Act, including the situation before and after the crime and the fact that the defendant repents and reflects the wrong facts;

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