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(영문) 서울북부지방법원 2016.02.16 2015고단4569
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

around 01:50 on November 28, 2015, the Defendant calculated by using a stolen or lost card at the main point of “E” located in Seoul Special Metropolitan City, Nowon-gu, the Defendant: (a) received the report from F, the operator of the said main point; and (b) confirmed the use of the said card by H, etc., the guard of the police box assigned to the Seoul Nowon Police Station G box called out after receiving the said report; and (c) confirmed the details of the 112 report.

Domins et al. are raised by police officers.

In light of the foregoing, “Abreging this year’s death” was expressed to F, and instead, the Ha was bred to the above H, who was asked by the above H, etc., and the above H, etc., refused to present the above card and identification card to the above H, etc., and did not disclose his personal information, thereby committing assaulting the above H’s son and the her bones part of the brest in order to obtain confirmation thereof.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reported cases and the prevention of crimes by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and H:

1. Photographs of a damaged police officer;

1. Application of CCTV image CD-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;

1. Scope of the recommended punishment based on the sentencing criteria [the scope of the recommended punishment], and the basic area (six months to one year and four months) (no person subject to special sentencing] of the type 1 (Interference with the performance of public duties and coercion of duties) shall interfere with the performance of public duties;

2. The defendant in the decision of sentence has many records of violent crimes, and the defendant has been issued a summary order of a fine of two million won due to obstruction of the performance of official duties in 2009, despite the fact that 112 was reported and used a bath and violence for the police officer dispatched after receiving a report, and the degree of assault is not less exceptionally applied, but the defendant has no record of criminal punishment exceeding a fine.

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