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(영문) 서울서부지방법원 2016.04.28 2016고단467
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 30, 2015, at around 01:20, the Defendant reported by a 1112 taxi engineer who had a dispute with customers in the C cafeteria located in Eunpyeong-gu Seoul Metropolitan City, and sent out Seoul, upon the receipt of the report, sent out to the Defendant, the Defendant: (a) was arrested by the police officer affiliated with the D District of Eunpyeong Police Station D; and (b) was arrested by the EF as a current offender who interfered with his/her duties; (c) was arrested by the said E on three occasions, the face of the gar on which he/she is wearing, and continued to interfere with the legitimate performance of public duties concerning the prevention, suppression, and investigation of the above police officer’s crimes, by assaulting the E face one time while carrying out the vehicle patrol.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. A H statement;

1. Application of the Act and subordinate statutes to a report on investigation (on-site CCTV and witness verification investigation);

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) [decision of sentencing] [decision of sentencing], including the accused’s confessions and misunderstandings, the Defendant’s criminal records, age, sex, family environment, motive and circumstance of the crime, motive and circumstance of the crime, method and consequence of the crime, etc., all of the sentencing conditions shown in the arguments, including the circumstances after the crime, etc., were determined as ordered in the above order.

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