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(영문) 서울북부지방법원 2016.05.27 2016고단1107
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 March 26, 2016, at around 04:50, the Defendant was boarding a taxi operated by B, and arrived at the residence of the Defendant of Dongdaemun-gu Seoul apartment complex C, Dongdaemun-gu, Seoul, and demanded B to set off the vehicle, but the Defendant tried to assault B while b while breaking a heavy snow, she reported to B 112.

Upon receipt of a report at the same place 112, the Defendant used the Defendant’s home home to the police box affiliated with the Seoul Eastern Police Station D (28 S) Police Station, and assaulted E by pushing the Defendant out of the taxi with her hand and her flab, thereby pushing the flabing.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. B written statements;

1. 112 Application of Acts and subordinate statutes to the detailed statement of reported case settlement;

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 one year and four months) (the person subject to special sentencing) [Pronouncement Decision] of the basic area (from June to one year and four months)] of the type 1 (Interference with the performance of official duties and coercion of duties] [Determination of sentence] of the defendant reflects the defendant's wrong, and the defendant's previous convictions, occupations, occupations, living relations, etc., shall be determined

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