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(영문) 서울남부지방법원 2016.05.20 2016고단1273
공무집행방해
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

On March 17, 2016, at around 23:43, the Defendant assaulted the Defendant on the front of the C convenience store located in Guro-gu Seoul Metropolitan Government, on the ground that the 1112-day border F, who was called the Defendant, called the Defendant, “Irrrit PPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPP

As a result, the defendant interfered with the legitimate execution of duties concerning the dispatch duty of a police officer 112 report.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. Reporting on dispatch to domestic violence sites;

1. 112 A list of reported cases;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime (the point of obstructing the performance of official duties and the choice of imprisonment);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing guidelines / [the types of decisions / [the scope of the recommended punishment] basic area / [the scope of the recommended punishment ] six months to one year and four months [the elements of mitigation of the general sentencing person] (no history of criminal punishment)

2. Circumstances unfavorable to the determination of sentence: The defendant assaulted a police officer who was frighting to the defendant's home at the request of the defendant's daily behavior to hinder the exercise of legitimate public authority and thus, the nature of the crime is very poor; the public authority is established; the degree of assault against the victimized police officer is unnecessary; the degree of assault against the damaged police officer is not less light; and there is no circumstance in which the damage was recovered; there is no record of criminal punishment in Korea; the above circumstances and the records leading the defendant to the crime of this case; the degree and result of the crime of this case; the circumstances leading to the crime of this case; the defendant's age, sexual behavior, environment, etc.; and all other circumstances constituting the conditions for sentencing specified in the records and arguments, including the records and arguments of this case. The sentence is ordered as above.

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