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(영문) 서울남부지방법원 2016.06.01 2016고단1509
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 April 16, 2016, the Defendant: (a) at D’s accommodation located in Yeongdeungpo-gu Seoul Metropolitan Government, on April 16, 2016; (b) around 112 reported and called up and heard the statement from D’s business owner E; and (c) on G’s seat of the F District of the Seoul Young-gu Police Station, Yeongdeungpo-gu, Seoul and sought a statement from D’s business owner E.

이 개새끼야! 씨 발 놈아! ”라고 욕설을 하면서 발로 G의 등을 1회 차고, 이에 G이 피고인을 현행범으로 체포하자 “ 씨 발 놈아! 그래 잡아 가봐! 개새끼야! ”라고 욕설을 하면서 G의 멱살을 잡고 밀치는 등 폭행하여 범죄의 예방 ㆍ 진압 및 수사에 관한 경찰관의 정당한 공무집행을 방해하였다.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] The basic area (from June to January 1, 200) (the decision of sentence] [the decision of sentence], the contents of the crime, the degree of interference with the performance of official duties, the fact that the defendant has been punished for the same kind of crime, the fact that the defendant is divided by mistake, the defendant's age, criminal records, criminal records, sexual behaviors, and the circumstances after the crime, etc., shall be comprehensively taken into account all the conditions of the sentencing as shown in the records and arguments of this case, such as the defendant's age, criminal records, sexual behaviors, and the circumstances after the crime.

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