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(영문) 서울동부지방법원 2016.08.25 2016고단1987
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 25, 2016, the Defendant was urged to return home on May 25, 2016, in front of the C convenience store located in Songpa-gu Seoul, Songpa-gu, Seoul, by receiving 112 a report that makes the neighbors uneasy, and to punish a person who disturbs drinking from the slope E belonging to the D District Unit of the dispatching Police Station called up after receiving a report.

그러다 맞으면 안 아픕니까

This kind of c.m., which has taken a bath such as “Ism.”, assaulted E, such as smuggling, thereby obstructing the police officer’s legitimate execution of duties concerning the handling of report 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for up to six months and up to April 1, one year and one year; and

2. The fact that the Defendant, while under the influence of alcohol, committed a breath and assault against the police officer called out after receiving a report on his/her behavior that may cause uneasiness to the surrounding people; that the police officer was arrested as an offender in the act of committing a crime; that the police officer was arrested as an offender in the act of committing a crime and committed a threatening speech to other police officers; that the police officer was subject to severe punishment against the Defendant is disadvantageous to the Defendant.

On the other hand, the degree of assault committed by the defendant against the damaged police officer is serious.

It is difficult to see that it is under the influence of alcohol at the time, but it is found that the police officer's explanation is being investigated and all errors are found. This court recognizes all crimes in this court, and is punished by a fine for a crime.

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