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Reasons
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(영문) 서울동부지방법원 2016.09.06 2016고단2324
공무집행방해
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A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

At around 21:00 on May 24, 2016, the Defendant: (a) exceeded the new stude of the Seoul Mine Police Station C District, which was called upon 112 report, and assaulted D with D’s face on the ground that she was satisfing himself/herself; (b) he/she satisfing D’s face on the ground that he/she was satisfing; and (c) she satisfing D’s face on his/her hand on the ground that she was satisfing himself/herself.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. Each police statement made to D and E;

1. Application of the photographic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

1. The reason for the sentencing [the above argument by the defendant is not accepted because the defendant is in a state of mental disability because he was under the influence of alcohol so that he was in a state of mental disability] under Article 62-2 of the Probation Criminal Act / [the scope of recommendation / [the scope of punishment ] / [the decision of punishment ] 10 months, probation 2 years, probation / probation 3 years, the fact that the defendant was under the influence of mental disorder at the time of committing the crime, and in light of various circumstances such as the circumstance of the crime, the means and method of the crime, and the defendant's behavior before and after the crime in this case, it does not seem that the defendant lacks the ability to discern things at the time of committing the crime in this case, and thus, the above argument by the defendant is not accepted.] The reason for the sentencing [the scope of recommendation / [the scope of punishment ] / [the person who has no ability of obstruction of performance of official duties and special punishment / [the person who has been subject to punishment ] / [the

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