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(영문) 서울남부지방법원 2016.05.13 2016고단782
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 February 16, 2016, around 01:25, the Defendant was arrested as a flagrant offender C from a slope of the Seoul Yangcheon Police Station B police box, on the ground that the Defendant assaulted a taxi engineer in front of the 13-lane 16, Yangcheon-gu, Yangcheon-gu, Seoul High School.

On February 16, 2016, at around 02:35, the Defendant assaulted the right side of the above C on one occasion due to an act of having a complaint to arrest a flagrant offender at the Seoul Yangcheon Police Station model in Yangcheon-dong, Yangcheon-gu, Seoul, Seoul, and 99.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written statement of C and D;

1. Application of Acts and subordinate statutes on the part of violence;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the basic area [the scope of the recommended punishment], the basic area [the scope of the recommended punishment] six months to one year and four months; and

2. Circumstances favorable to the determination of sentence: The defendant did not cause any additional damage, such as inflicting an injury on the victimized police officer, and the defendant did not have any record of having been punished due to interference with the performance of official duties: The defendant's use of assault by the police officer to impede the exercise of public authority is not very good and requires a strict punishment in order to establish public authority; the degree of assault by the victimized police officer is not easy; there is no circumstance where the damage was recovered; the circumstances leading to the defendant's crime of this case; the degree and result of the damage; circumstances after the crime of this case; the records and arguments of this case, such as the defendant's age, sexual behavior, environment, etc.

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