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(영문) 서울서부지방법원 2017.01.12 2016고단2213
공무집행방해등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant interfered with the performance of official duties on June 29, 2016, at the Defendant’s residence located in Yongsan-gu Seoul Metropolitan Government C2, and at the Defendant’s residence located in Yongsan-gu Seoul, Yongsan-gu, Seoul, Seoul, under the 112 report as a drinking disturbance, “ must bit bit bit bit bit bit bit bit bit bit bit, which was sent to the Defendant,” and why it was distorted;

In the case of drinking and sound inside the water, the noise of the har har har har har har har har har har har har har har har har har har, because the neighbors are self-employed

In spite of the fact that "I am all times, I am threatened with "I amer, I am dead," and assaulted E's face part once, and walked E's bridge three times as I am.

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

2. The Defendant, on June 29, 2016, arrested and transferred from the D District Zone of the Seoul Yongsan Police Station around 03:10 on June 29, 2016 to the victim E, while there are the victims and police officers of other cases, the victim E “the twitt tack, the tack tack tack, the tack tack tack, and the tack tack tack tack

"Publicly insulting the victim by referring to the expression of ‘', etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the police for E;

1. A written statement;

1. Application of Acts and subordinate statutes to filing a complaint and self-Reporting statutes;

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

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

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendation] The reason for sentencing under Article 62-2 of the Social Service Order Act [the scope of punishment] does not interfere with the performance of official duties, and there is no basic area (six months to one year and four months) [the person subject to special sentencing] [the sentence] Defendant asserts that the police officer's performance of duties and arrest process was illegal at the time of the day of the instant case, but the witness's testimony, witness's statement, or other circumstances.

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