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(영문) 서울북부지방법원 2017.02.03 2016고단1620
공무집행방해
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 2, 2016, the Defendant: (a) around 01:40, at the front line of Nowon-gu, Seoul Special Metropolitan City, the police officer called “B” to the police officer E belonging to the Seoul Nowon-gu Police Station D police station where the police officer was waiting at the patrol seat in order to perform central patrol at the patrol seat in the front line of the patrol vehicle; (b) took the police officer F of the same police box where he was sitting at the front line of the patrol vehicle; and (c) took the police officer F of the same police station where he was sitting at the patrol seat to get off the front line of the patrol vehicle; and (d) the above police officer “F of the police station where he was urged to go home from the police officer F of the police station,” and (e) took the son’s son’s son’s son and the victim’s son and son’s son’s son, who was working at the seat of the patrol vehicle.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers' patrol duties.

Summary of Evidence

1. Application of F’s statutory statement legislation;

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

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] There is no basic area (six months to one year and six months) [the person subject to special sentencing] [the decision of sentencing] [the court below] details of the crime, the defendant's previous conviction relation (a fine of two million won due to the insult of police officers in 2016, a fine of three million won due to the damage to public goods in 2009, etc.], living relation, etc. shall be determined as the order.

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