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(영문) 서울동부지방법원 2016.10.13 2016고단2603
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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

On August 22, 2016, at the front of the apartment claim 29:5-ro, Gangdong-gu Seoul Metropolitan Government on August 22, 2016, the Defendant listened to the statement that the mother of the neighboring child B and his male-gu D is suspected of child abuse from the Defendant on the ground that he does not have enough meals, and that he does not go to the city expenses, and that he was called to D’s 112 report, and the Seoul Gangseo-dong Police Station E and its police officer F after receiving the report of 112 report from the Defendant, and transferred the child abuse to B by visiting the child abuse protection center, after taking measures to notify the child abuse protection center, the Defendant was under the influence of alcohol and transferred F to F of “whether or not a person who abused him is a police officer” while taking a bath, and the Defendant took a bath at the time of carrying out the duties of F of F with the entrance police station that contracted the F, and caused him to go to the above G, thereby hindering him from performing the duties of F’s lawful treatment of 1 k.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Scope of recommendations on the sentencing criteria: Imprisonment with prison labor for up to six months and up to April 1, the basic area of the obstruction of performance of official duties (performance of official duties) (up to six months to one year and four months) - No special person: No person shall be punished;

2. At the time of committing the instant crime, the police officer F heard the Defendant’s statement that the child abuse is suspected, and took charge of the instant case by separating the suspected child and the abused person (the mother of the child) and handing over the child to the outs of the child to the outs of the child, and notifying the relevant case to the Child Abuse Protection Center.

Nevertheless, the defendant's arrest of the child's mother, etc. alone, and the defendant took a bath and assault against the police officer, so the responsibility for the crime can be deemed to be less severe.

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