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(영문) 서울북부지방법원 2016.09.08 2016고단2595
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 12:00 on April 23, 2016, the Defendant assaulted the Defendant, i.e., at the front of Gangnam-gu Seoul, Gangnam-gu, Seoul, by having a police officer affiliated with the Seoul Gangseo-gu Police Station C commander of the Seoul Gangseo-gu Police Station, who was called upon having received 112 a report, by causing the Defendant to have been used for identification and returning home, and committing assaulting the Defendant, i.e., selling the face of the said D’s face to his head.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on public peace and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Second police interrogation protocol against the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs damaged;

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

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

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

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The scope of recommendations on the sentencing criteria [the scope of recommendations] shall be the basic area (two months of imprisonment to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties).

3. Although the contents of the crime are considerably poor, such as obstructing the performance of official duties by assaulting a police officer dispatched after receiving a report that the defendant was written in the decision of sentence, the criminal defendant has not been subject to criminal punishment exceeding the fine, the fact that the defendant has no record of criminal punishment exceeding the fine, and other circumstances shown in the pleadings of this case, such as the age, family relationship, etc. of the defendant, shall be determined as the order, taking into consideration the overall circumstances shown in the arguments of this case;

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