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(영문) 서울북부지방법원 2016.10.27 2016고단3451
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

At around 04:50 on August 8, 2016, the Defendant committed assault, such as: (a) the Defendant sent to the site after receiving a report of 112 and confirmed the Defendant’s personal information about D, and then, (b) the Defendant sent the safety mother to the head of the police station in the Seoul Gangnam-gu E-gu Seoul Northern Police Station E-gu, Seoul, to the Defendant, who tried to keep the safety mother up to the floor of the above safety mother; and (c) the f of the police station in the said restaurant, who carried the knife the knife on the floor and carried the knife at one hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. G statements;

1. On-site photographs;

1. Application of Acts and subordinate statutes to photographs taken by a suspect on the surface of a victim's neck from CCTV image data;

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;

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

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The scope of recommendations on the sentencing criteria [the scope of recommendations] shall be the basic area (two months of imprisonment to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties).

3. Determination of sentence shall be made in the same manner as the Disposition, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, age, family relationship, and tendency of the defendant:

A favorable circumstances: The circumstances at which the defendant is divided into and against his own crime: the police was called as a food payment issue between the defendant and the above restaurant's owner; the police was called as a food payment issue; and the crime of this case occurred during the process of moving the defendant out of the restaurant because the food payment problem was resolved by the restaurant's owner; and the circumstances and how the crime occurred.

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