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(영문) 서울남부지방법원 2016.04.21 2015고단4890
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 21:51 on September 27, 2015, the Defendant, at around Geumcheon-gu, Geumcheon-gu, Seoul., “Arhum fesscisscisscisscisscisscisscisscisscisscisfescisfscisfscisfscisfscisfscisfscisfscisfscisfscisfscisfscisfscisfscisfscisfscisfscisfscisfscisfscisfscisfscisfscisfscisfscisf

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting handling affairs.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. E statements;

1. Application of Acts and subordinate statutes to a report on investigation (on-site and CCTV investigations);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] is minor in the area of mitigation (one month to eight months), the area of mitigation (a person with special mitigation) (a person with special mitigation) of public duties, and the extent of violence, intimidation, and deceptive schemes;

2. Determination of sentence: The sentence shall be determined within the scope of the recommended sentence, comprehensively taking into account the following circumstances: the defendant's age, sexual conduct, and circumstances after committing the crime, etc.: the defendant has no history of punishment exceeding the fine for six months in the suspension of execution, the degree of assault is relatively minor, and the obstruction of the performance of official duties is an offense obstructing the legitimate performance of duties by a public official, and the defendant requires strict punishment in terms of maintaining the legal order: Provided, That the punishment shall be determined within the scope of the recommended sentence, by taking into account all the conditions of sentencing specified in the records

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