(영문) 서울북부지방법원 2016.04.22 2016고단475

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2016.04.22 2016고단475

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 5, 2016, the Defendant, at around 02:00, has been under the influence of alcohol in the packaging b in Jung-gu Seoul, Jung-gu, Seoul, and has a person who is under the influence of alcohol to other customers.

112 Report to the purport that “A police officer of the Jungran Police Station C who was called out after having received a 112 report shall stop the disturbance from D and take out of the police station, and hear the horses to request him to leave, and the death of the police officer “A” shall be discarded.

There are many criminal records that "abrely, while taking a bath, flue the chest part of the above D with drinking, and fluencing it to stop," and that "abree the same."

(C)In doing so with ‘the bath', violence was committed on the hand floor of the above D, thereby obstructing police officers from performing their legitimate duties in regard to the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs of the victim's wife;

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 Social Service Order Criminal Act / [Scope of Recommendation] There is no basic area (from June to January, 1) (the person who is subject to special sentencing) (the decision of sentencing) of the first category (the obstruction of the performance of official duties and the coercion of duties) [the person who is subject to special sentencing] [the decision of sentencing] reflects the defendant's wrong determination, and the degree of police officer's damage is not much serious, and the defendant's criminal records and living relations are considered as a whole, and the sentence

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제136조 제1항

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