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(영문) 서울북부지방법원 2017.02.02 2016고단5290
공무집행방해
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

On July 14, 2016, at the E convenience store located in Gangnam-gu Seoul, Gangnam-gu, Seoul. On July 14, 2016, the Defendant: (a) 112 reported that the Defendant fashed the fash; and (b) fashed the Defendant fashed to the police station located in the Seoul Gangnam-gu, Gangnam-gu, Seoul; and (c) fash the Defendant fash the police station before the Seoul Gangnam-gu police station while boarding the police station and returning back to his residence; and

After that, around 12:55 on July 14, 2016, the Defendant: (a) committed assault, such as assaulting the said G’s breath, knife and pushed-down of 406, Gangnam-gu Seoul Northern Police Station located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul; (b) again demanded the said G to put himself/herself into the police station by burning the patrol lane; and (c) he/she was refused to do so.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Application of the Acts and subordinate statutes to photographs by capturing each CCTV image;

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. The criteria for sentencing for the reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendations] The scope of sentencing for the reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommendations] the scope of obstructing the performance of official duties (i.e., interference with the performance of official duties and coercion of duties) (i.e., January to August) [Special mitigated Persons] the scope of sentencing under the decision not to impose a punishment, and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship

- The fact that there was a history of being punished by a fine due to interference with the performance of official duties in 2001, by obstructing the performance of official duties in 201, and by obstructing the performance of official duties in 2010 - the recognition and reflect of the crime, and the agreement with the

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