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(영문) 서울북부지방법원 2016.08.24 2016고단2510
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

around 00:00 on March 8, 2016, the Defendant arrested the juveniles using another person’s resident registration number in the act of committing a crime by the police box affiliated with the Seoul Gangnam Police Station D police station, which was dispatched after receiving a report from 112, at the “C,” located in the Gangnam-gu Seoul, Gangnam-gu, Seoul, and “The Defendant sold alcohol to juveniles,” and “The Defendant obstructed the police box prior to the patrol.”

Accordingly, E changed the Defendant to turn on the front of the patrol, and the Defendant committed violence, such as spawning the breast of the police officer, spawning the breast, receiving the breast part of the police officer.

As a result, the Defendant interfered with the legitimate performance of duties by police officers concerning the handling of 112 reports, and at the same time, the Defendant inflicted injury on the victim, such as chests that require approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 136 (1) and Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Imprisonment with prison labor chosen;

1. Sentencing sentencing guidelines prescribed in Article 62 (1) of the Criminal Act is the only sentencing guidelines: Unified sentence of one year: Imprisonment with prison labor for a period of six months or more: A person who is subject to the suspended sentence of two years: A person who is subject to the mitigated reduction of his/her liability for a crime against a police officer: A confession, deposit of one million won in money (on August 11, 2016), absence of the record of punishment heavier than imprisonment without prison labor (six times in total), etc.;

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