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(영문) 서울북부지방법원 2016.12.14 2016고단4429
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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

At around 14:10 on October 7, 2016, the Defendant was arrested as a flagrant offender from police officers E belonging to the Seoul Gangseo-gu Police Station D police box, which was dispatched to the scene after receiving 112 reports due to assault against C from the 1st floor of the branch office of the Korean Racing Association at the 302-ro, Gangnam-gu, Seoul, Gangnam-gu, Seoul, the Defendant committed assault against E, such as: (a) “I am dead of whether or not I have caused the death of me to do so; and (b) I am kne, kne, kne, kne.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to photographs following a CCTV closure;

1. Relevant Article 136 (1) of the Criminal Act and the choice of punishment for the crime, the choice of 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, such as probation, community service order and order to attend lectures;

1. Scope of applicable sentences under law: One month to seven years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] and the basic area (six months to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties) (the scope of the recommended sentence].

3. The degree of assault against a public official determined to be sentenced is not less than that of the sentence, contingency, and sentencing conditions, such as character and behavior, environment, etc. of the accused, shall be determined as ordered in consideration of the fact that the degree of assault against the public official determined to be sentenced

Public Prosecution Rejection Parts

1. On October 7, 2016, around 14:10 on the charge, the Defendant requested the victim C (the victim, 23 years of age) to give a license from the Korean Racing Association's strong branch office located in Gangnam-gu Seoul, Gangnam-gu, Seoul, on the first floor, in a large amount of drinking alcohol. However, the Defendant expressed that the victim cannot be granted a right of drinking, and that entry is not possible, and expressed that the victim’s face was 1,000 won face as he was her hand.

Accordingly, the defendant assaulted the victim.

2. Determination.

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