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(영문) 서울남부지방법원 2017.02.03 2016고단5544
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:50 on October 26, 2016, the Defendant: (a) reported 112 that the Defendant was under the influence of alcohol, and (b) discovered that the G circumstances belonging to the F District of the Seoul Yangcheon Police Station F District of Seoul, Yangcheon-gu, 2016 set forth that the Defendant was under the influence of alcohol and returned to the Defendant, and (c) reported 112 that the Defendant was under the influence of alcohol, the Defendant was at one time at his own discretion.

As a result, the Defendant interfered with legitimate execution of duties by police officers regarding the prevention and suppression of crimes, and at the same time, the Defendant inflicted an injury on the victim, such as the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. The written statement of the defendant;

1. Each police statement made to H and G;

1. A written statement of I;

1. A copy of opinions and medical records with respect to G;

1. A report on investigation (a statement by a wooden phone);

1. Investigation report (verification as to whether an injury to theG exists);

1. Application of the Acts and subordinate statutes on photographs damaged by damaged police officers;

1. Article 257 (1) of the Criminal Act (the point of injury) and Article 136 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria do not present a separate processing method for the commercial concurrent crimes, but it is necessary to refer appropriately to the sentencing criteria even for the commercial concurrent crimes. Therefore, the sentencing criteria for the serious injury crimes are examined in reference to the sentencing criteria for the more serious injury crimes.

2. Article 257 (1) of the Criminal Act ( statutory penalty: January to seven years) applies to the scope of the recommended punishment according to the sentencing guidelines / [the scope of the recommended punishment] Class 1 (general injury) [the person subject to special sentencing] increased factors (the determination of the area of recommendation] [the scope of the recommended punishment] increased area / six months to two years [the scope of the sentenced punishment] increased area: Article 257 (1) of the Criminal Act (the statutory penalty: January to July).

3. Circumstances unfavorable to a decision of sentence: The crime of this case is likely to be committed by the defendant by assaulting a police officer to hinder the exercise of legitimate public authority, and thereby, the nature of the crime is good.

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