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(영문) 서울북부지방법원 2017.01.25 2016고단4451
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 October 8, 2016, around 19:20, the Defendant: (a) received a report from the police officer F (30 years of age) belonging to the Seoul Eastern Police Station E District in Seoul Eastern Police Station, and received a report from D Scki, and demanded F to take the f to return home, instead of driving the Ortoba that he she was driving, and brought about to the house.

Accordingly, F will have the Kababa and the F will have the Gababab "Wo Babab" police.

It is 10 criminal records and 10 criminal records.

The death of full-time outside shall be discarded.

"In doing the bath theory of "", F's chest was tightly sealed once by hand, and the F's left her hand was blicked once by hand.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. The application of investigation report (Evidence No. 44), CCTV video-related Acts and subordinate statutes;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) (no person subject to special sentencing] shall interfere with the performance of public duties.

3. The fact that the degree of assault against the decision-making of sentence is not easy, and that the record of punishment for violent crimes reaches nine times, including two times the suspension of the execution of imprisonment, is disadvantageous.

On the other hand, it is favorable that the latter and it is against the other.

In light of the above circumstances, the sentencing conditions, such as character, conduct and environment, etc. of the defendant, the punishment as ordered shall be determined.

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