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(영문) 서울북부지방법원 2016.07.08 2016고단638
위계공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant, from around 23:00 on September 21, 2015, from around 23:00 to around 21, 2015, performed alcoholic beverages with E and F, at the front corner of “D Age Club” located in Gangnam-gu Seoul Metropolitan Government, with E and E, on September 22, 2015, when he transferred his place to E’s house located in Dobong-gu Seoul Dobong-gu Seoul Metropolitan Government on September 2, 2015 and continuously performed alcoholic beverages with two male persons on the same day by using his cell phone (H) without any justifiable reason while drunking around 09:38 on the same day.

I want to do so.

“A person who reported 112 and received a text message from the police who received the report to inform the location of the defendant,” 10:18 on the same day, “A person’s knife and threaten the police to knife.

“Transmitting text messages containing the content.”

Seoul Dobong Police Station and the police officers belonging to the Seoul Gangnam Police Station were assigned to search around about 41 hours in the vicinity of the reported place for about 3 hours.

However, there was no fact that the defendant was threatened with or detained in knife from E and F.

As a result, the Defendant interfered with the police officer's performance of duties on the protection of the people's lives and bodies, criminal investigation and other maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to the F, E, and J;

1. The K's statement;

1. Application of Acts and subordinate statutes to a copy of the 112 reported case processing list, a situation report, and a text message photograph;

1. Relevant Article 137 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 August to January 6) (i.e., interference with the performance of official duties by deceptive means) (i.e., a person subject to special sentencing) / [decision of sentence] Defendant is erroneous and there is no record of punishment for the same kind of crime, and there is no record of punishment for the same kind of crime, the details of the instant crime and the size of the public authority wasted therefrom, and the Defendant’s living relationship.

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