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(영문) 서울중앙지방법원 2016.05.25 2016고단572
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

[Criminal record] On November 8, 2012, the Defendant was sentenced to a suspended sentence of two years on the part of six months by obstructing the execution of official duties at the Jung-gu District Court, and the judgment became final and conclusive on November 16, 2012.

[2] On November 6, 2015, around 18:30 on November 6, 2015, the Defendant: (a) was at the seat of “C” located in Gangnam-gu Seoul, Seoul; (b) was at the seat of the police box affiliated to the Seoul Gangnam Police Station D, which was sent by the Defendant after receiving a report of 112 that the Defendant was divingd within the above main point; and (c) was at the seat of the police box affiliated to the police box E, such as the security guard E, to escort the Defendant to the hospital via the 119 emergency guard;

Does the police kids are raised why they can be paid.

Natives: “Hambbbing h. police officers’ h.,” and assault E by walking the parts of the bucks of E one time due to the bucking of the bucks.

Accordingly, the defendant interfered with legitimate execution of duties concerning protective measures by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, F, and E;

1. Video CDs;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Relevant provisions of the Criminal Act 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 degree of violence, intimidation, and deceptive scheme is minor in the mitigation area (one month to eight months) of Class 1 (Interference with the performance of public duties and coercion of duties) (in the event of a person subject to special mitigation), the mitigation area (in the event of a person subject to special mitigation), which is minor;

2. As stated in the decision of sentence, the Defendant has a record of having been sentenced to a suspended sentence of imprisonment for the same kind of crime, and there are a number of criminal records.

On the other hand, however, the fact that the degree of violence is minor, and that the defendant commits a mistake that he committed while in the state is against the defendant's will be considered as favorable to the defendant.

In addition, the sentencing conditions such as the defendant's age, sex, environment, motive and method of the crime, and circumstances after the crime are considered, and the punishment is ordered within the scope of the above sentencing criteria.

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