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(영문) 서울동부지방법원 2016.09.22 2016고단2237
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On April 26, 2016, the Defendant, at around 14:21, 201, expressed the Defendant’s desire to “a police officer under the Dongdaemun-gu Seoul Dongdaemun-gu Police Station D police box sent to the site after receiving a report of 112 on the fluence,” “A police officer under the Dong-gu Seoul Police Station D police box, who is called to take protective measures, fluoring the Defendant, “a fluoring, changing a fluor, or fluoring a fluoring, fluoring the police officer’s fluoring, fluoring the fluoring, fluoring the fluoring, fluoring the fluoring, fluoring the fluoring, fluoring the above police officer’s fluoring the above fluoring and fluoring the above fluoring, thereby hindering the police officer’s criminal prevention and investigation and maintenance of public order.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to report on investigation (the diagnosis of a victim, part of damage, and attachment of site photographs);

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. The range of recommended sentencing guidelines for sentencing under Article 62-2 of the Social Service Order Criminal Act: Imprisonment with prison labor for a period of six months or two years or two months or more to one year or two months or more; the basic area (the general injury) (the special mitigation or aggravation) for a crime of Class 1 (the general injury of April or one year or six months): In the case of interference with the performance of official duties (the aggravation or aggravation) / One type (the obstruction of the performance of official duties) for a crime of Class 2 (the obstruction of the performance of official duties) for a basic area (the obstruction of June or one year or four months): The final sentencing range for multiple aggravated crimes: the decision of sentencing for six months or two years or more: the imprisonment with prison labor for a year of six months or more; the defendant was sentenced to a fine for a violent crime of this case even before the suspension of the execution of official duties for a period of one year or more; and the degree of violence against police officers is limited.

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