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(영문) 서울남부지방법원 2016.10.27 2016고단3743
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

On July 25, 2016, at least 04:25, the Defendant committed violence, such as assaulting the Defendant’s shoulder and body in both hands, and obstructing the police officer’s legitimate execution of duties concerning the crime prevention, by committing assault, such as assaulting the Defendant, in relation to the crime prevention of a police officer’s crime, on his hand, when he was sent to the Defendant after receiving the report of 112 from the owner of the said business and the police officer, who was in a disturbance of the said business, with respect to singing music, who was sent to the Defendant after receiving the report of 112.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. A written statement of C;

1. Application of Acts and subordinate statutes to photographs of damaged parts and investigation reports (CCTV investigation);

1. Article 136 (1) of the Criminal Act applicable to the crimes. Article 136 (1) of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Application of the sentencing criteria;

(a) Determination of type: [13] Obstruction of Performance of Official Duties, 01. Obstruction of Performance of Official Duties, 3. Obstruction of Official Duties

(b) A special-at-law or general-at-law: None;

(c) Scope of recommendations: Basic area, six months to one year and four months; and

3. Determination of sentence: Imprisonment with prison labor for six months, one year of suspended sentence, one year of community service, 120 hours [fluence] and there is no past record of criminal punishment, and there is no past record of punishment heavier than that of suspended sentence, and three times of fines due to reflect [fluence] violence, insult, etc.

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