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(영문) 서울남부지방법원 2017.02.09 2016고단3742
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 10, 2016, around 23:10 on July 10, 2016, the Defendant: (a) filed a 112 report in front of the two children’s park located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, 41:15; (b) sought to arrest a criminal suspect who was sent to the site after having received a 112 report on the occurrence of the assault case; and (c) sought to arrest the criminal suspect with whom the police box affiliated with the Seoul Yeongdeungpo-gu Police Station C,

“In doing so, assaulted, as a hand, such as bating bats of the said D with bather hand.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Witness D's testimony;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on investigation (the search by police officers in mobilization and the prosecution of a statement of handling cases reported in 112);

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 grounds for sentencing under Article 62(1) of the Criminal Act on the suspended sentence are as follows: The scope of recommendations [the scope of recommendations] on the grounds for sentencing under Article 62(1) of the Criminal Act; the basic area (the scope of recommendations shall interfere with the performance of public duties and the coercion of duties] (the period between June and January 4)

2. The fact that the defendant in the decision of sentencing assaults a police officer who arrests another criminal on the spot, and that the police officer already arrested another criminal suspect due to the act of the defendant, etc. is very poor.

Provided, That the punishment as ordered shall be determined within the scope of the recommended punishment by comprehensively taking into account the following factors: the defendant has no special career of punishment in Korea; the extent of assault by the defendant is relatively minor; and other conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the age, sex, environment, etc. of the defendant.

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