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(영문) 서울북부지방법원 2016.11.16 2016고단4016
공무집행방해등
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 5, 2016, the Defendant: (a) 09:51 on September 5, 2016, the victim C, the owner of the building, who was at the front of Dobong-gu Seoul Building (the age of 42), expressed an explanation about the occurrence of the fire to E in the circumstances where the police box affiliated with the Seoul provincial Police Station Dental Police Station, dispatched after receiving a report of 112 due to the fire incident that occurred in the said building; (b) assaulted the victim’s back and head at one time on his left hand.

2. The Defendant, at the above date and place of the obstruction of performance of official duties, expressed his desire to explain the situation of the fire by the owner of the building at the above time and place, to E during the police box of the Seoul Dobong Police Station, “Chewing, Chewing,” and expressed that “I may be punished if I assault a police officer under official duties,” and assaulted the above G on three occasions the left side of the above G, respectively, by stating that “I may do so if I assault a police officer under official duties, I may do so.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the handling of reports and criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and E;

1. Copy of the police statement concerning C;

1. A H statement;

1. Application of Acts and subordinate statutes to photographs of site photographs and photographs of faces assaulted by police officers G;

1. Relevant Article 136(1) of the Criminal Act, Article 260(1) of the Criminal Act, and Article 260(1) of the Criminal Act, the choice of imprisonment for a crime

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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

1. Scope of applicable sentences under law: One month to seven years of imprisonment;

2. The range of recommendations according to the sentencing guidelines shall be the first crime (Obstruction of Performance of Official Duties) recommended.

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