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(영문) 서울중앙지방법원 2016.09.02 2016고단3098
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that 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 17:30 on April 18, 2016, the Defendant: (a) stated that, under the suspicion of drunk driving, the Defendant was arrested as a flagrant offender by the chief patrol officer of the Seoul Gangnam-gu Seoul Gangnam Police Station G patrol box, and was loaded into the back seat of the police box he drives by the chief of the police box belonging to the Seoul Gangseo-gu Police Station G patrol box; and (b) stated that “I want to smoke, frank,” and, in the vicinity of the above patrol box, I would like to keep tobacco out of the patrol box; and (c) stated that “I would not smoke within the patrol box,” “I would like to frank, if I will do so without any misunderstanding, she will do so”; and (d) stated that I continue to display a boom of H’s face one time with the left hand, she would see the boom, she would have sustained violence.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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

1. In light of the circumstances leading up to the instant crime for sentencing under Article 62(1) of the Criminal Act, etc., the sentence shall be determined as ordered, taking into account the following circumstances: although the Defendant’s liability for the crime is not less than those prescribed in the sentence, the Defendant’s confession and reflect is a contingent crime; the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime; and the circumstances constituting the conditions for sentencing as indicated in the instant pleadings.

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