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(영문) 서울북부지방법원 2016.11.11 2016고단3982
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

At around 03:00 on September 20, 2016, the Defendant: (a) received 112 report from “C” restaurant located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul; and (b) heard from the reporter and Defendant F, the police assistant E of the Seoul East-gu Police Station D police box affiliated with the Seoul East-gu Police Station D police box, who called “I would die;” and (c) arrested the above F, who broken the glass of the said restaurant, broken the disturbance, arrested the F as a flagrant offender of obstruction of business and damage to property, and was carrying the patrol onto the vehicle; and (d) took the bath that “I want to die, I would have his ageed.” In doing so, the Defendant fell off on the part of the patrol box, so that I would have worn off the clothes of the E, who was sprinked by sprinking the sprink.

On the above E’s bridge, the Defendant continued to go beyond his own bridge and put it up on the floor, and assaulted such as “F f. F. E. F. E. F. E. F. E. F. F. F. E., he was able to wear a boom on the working clothes worn by the above E., and he was f.h. for drinking several times.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases and the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to photographs of violence against victims;

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 of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no basic area (6-1 year and April) of the obstruction of performance of official duties (6-1 year and April), [decision of sentence] Defendant reflects the wrongness of Defendant, the circumstances leading up to the instant crime, Defendant’s criminal records, living relations, etc. shall be determined as per the order.

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