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(영문) 서울남부지방법원 2017.07.14 2017고단706
공무집행방해
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 5, 2017, around 05:51, 2017, the Defendant does not cause a cab passenger at the front of the Si-Yung-dong Public Security Center in Geumcheon-gu, Geumcheon-gu, Seoul Metropolitan Government 50-gil 105-ro.

“The Defendant, who was divingd on the back seat of the taxi, sent to the scene after receiving a report of 112, was able to take a bath for the Defendant, who was sent to the front seat of the Seoul Geumcheon Police Station B police station, and was able to walk the above C’s bucks on one occasion, and the face face of the said C was taken one time as a drinking even after getting off from the taxi.

As a result, the defendant assaulted police officers C, thereby obstructing police officers' legitimate execution of duties concerning the handling of reported cases and the protection of people's lives, bodies and properties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a witness statement of D;

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

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

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) (no person subject to special sentencing] shall interfere with the performance of public duties;

2. Determination of a sentence shall be made in consideration of the confession of sentence, initial crime, degree of violence, circumstances of crime, and other sentencing conditions;

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