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(영문) 서울북부지방법원 2016.10.21 2016고단2878
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On July 2, 2016, at around 05:55 on July 2, 2016, the Defendant, at the Defendant’s residence located in Gangseo-gu Seoul Northern District, hereinafter “Isking off the Defendant’s music,” spiting the Defendant’s horses to the effect that “Isking the Defendant’s slope E belonging to the Seoul Gangseo-gu Police Station Down, which was called upon the Defendant’s 112 report, was “Isking that I would have received a report. Isking, Is off the Defendant’s face.”

2. At around 07:17 on the same day, he was arrested as a flagrant offender committing the crime of obstruction of performance of official duties, and was spite in the face of the above E while being examined at the D police box office located in the Seoul Southernbuk-gu Seoul Metropolitan Government.

Accordingly, the defendant had interfered with legitimate execution of duties concerning E- 112 report processing and criminal investigations, a police officer twice.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The first crime for sentencing of Article 62-2 of the Social Service Order Act: The second crime that has no basic field (6 to 1 year and 4 months) of the Act on the Performance of Official Duties (the scope of recommendations) [the scope of punishment] the basic area (6 to 1 year and 4 months), the basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (the scope of recommendations] [the final sentence scope due to the aggravation of multiple crimes that have no special person]: 6 to 2 years [the decision of sentence] of the police officer's face is spiting or cutting down, and the defendant's act that the police officer spit in the police box should be punished with strict punishment.

However, there is no record of punishment for the violation of obstruction of performance of official duties or more severe punishment for the violation of official duties in the past, and the living relationship of the defendant.

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