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(영문) 서울북부지방법원 2017.03.09 2016고단5794
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On October 9, 2016, at around 22:45, the Defendant: (a) was unable to play a disturbance for about 25 minutes by having the victim C (the 33 years of age) who was in Dongdaemun-gu Seoul Dongdaemun-gu (hereinafter “D”); (b) the victim’s bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch,” and the victim’s bitch bitch bitch bitch bitch bitch bitch bitch bitch.

Accordingly, the defendant interfered with the victim's restaurant business by force.

2. On October 9, 2016, at around 23:20 on or around October 23, 2016, the Defendant: (a) was informed of the fact that he/she was dispatched after receiving a report on 112 as to the act referred to in paragraph (1) of this Article; (b) the Defendant expressed to the above police officer that “I am sway, sweet, I am sweet; (c) I am sweet to am sweet off; and (d) I am sweet to am sweet off; and (e) the defect that the police officer intends to take out of the Defendant, “I am sweet and she reported.”

"............. with a bad hand, the police officer assaulted the above police officer's left side at one time.

As a result, the defendant interfered with the legitimate execution of duties of police officers in relation to 112 reporting management.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the respective laws and regulations of C and G

1. Relevant legal provisions of the Criminal Act, Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136 of the Criminal Act, and the choice of imprisonment, respectively;

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. Standard for sentencing grounds under Article 62(1) of the Criminal Act for suspended sentence;

(a) Crimes 1 (Obstruction of Duties) (Scope of Recommendation) and obstruction of duties; Type 1 (Obstruction of Duties) (Interference with 6 months to 1 June);

(b) No. 2 Crimes (Obstruction of Execution of Official Duties) / [Scope of Recommendation] Scope of the final sentence due to the increase of multiple offenses in the basic sphere of Category 1 (Obstruction of Execution of Official Duties and Forced Performance of Duties) (6 months to one year and four months).

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