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(영문) 서울동부지방법원 2016.04.07 2015고단1200
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant: (a) around 19:10 on March 31, 2015, sent the back part of the passenger car owned by the Victim C parked in front of Gangdong-gu Seoul Metropolitan Government, and (b) the Defendant was able to bring the back part of the passenger car owned by the Victim C, and this victim “I d

“A person who assaultss the victim’s face at one time by drinking the defect in this paragraph.”

2. On March 31, 2015, the Defendant interfered with the performance of official duties, at around 19:25, the Defendant did not err by a police officer affiliated with the Seoul Gangseo-dong Police Station, Seoul, with the intent to conduct arbitration by the police officer, who was dispatched after having received a report of 112 as above by the Defendant.

“Along with sound, assaulted the left eye of the police officer one time in drinking, thereby obstructing the police officer’s legitimate execution of duties in relation to the prevention, suppression and investigation of the crime.

Summary of Evidence

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police for E;

1. Application of C’s written laws and regulations

1. Relevant Article 136 of the Criminal Act, Articles 136 (1) and 260 (1) of the Criminal Act, the choice of imprisonment for a crime, and the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the total of the long-term punishments of the above two crimes is aggregated);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Sentencing 1 Crimes (Obstruction of Execution of Official Duties) [Scope of Recommendation] : The scope of final sentencing due to the aggravation of multiple offenses for which there is no basic area (fence of performance of official duties and coercion of duties) (fence of June to one year and four months) / (fence of special sentencing) / [the scope of recommended punishment] / The basic area (fence of violence between February and October) / (fence of special sentencing) / the basic area (fence of two months to 10 months) / (fence of special sentencing) / The scope of final sentencing due to the aggravation of multiple offenses: 6 months to September 1:

2. The punishment shall be determined by taking into account all the factors of sentencing indicated in the records, such as the fact that the extent of each assault committed in the judgment is relatively less severe, the fact that it is a contingent crime, and the age, occupation, sex, family relationship, and circumstances before and after the commission of the offense.

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