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(영문) 서울동부지방법원 2016.06.24 2016고단931
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 became final and conclusive.

Reasons

Punishment of the crime

On March 13, 2016, at the front parking lot of the Seoul Gwangjin Police Station C District in Gwangjin-gu, Seoul, Seoul around 22:15, the Defendant heard the horses of a proxy engineer who requested assistance from the Defendant due to the Defendant’s lack of home address, and the police officer D and E, who belongs to the above earth, to whom extent the Defendant “A si-si si-si si-si” belongs to the Defendant.

“A request for the presentation of identification card” is made, and “A police has been dwarfed.”

“Absently, the parts of the above D’s clothes were 5 to 6 times as drinking, and such remarks were assaulted once by hand at the above E’s scam, thereby obstructing the police officer’s criminal prevention and investigation, public peace and order maintenance.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to E and D;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The basic area (from June to January 1) of the sentencing criteria [the scope of recommended punishment] and the basic area (from June to April) of the sentencing criteria (the person who has any special sentencing factors) shall interfere with the performance of official duties;

2. Determination of sentence: Imprisonment with prison labor for 6 months, the period of suspension of execution for 2 years disadvantageous to a police officer without any justifiable reason, and the nature of the crime is pleasure. Although the defendant was punished for the same crime in 2012, the circumstances favorable to preventing the crime of this case: The defendant is divided into his/her mistake. The degree of assault is relatively minor, and the police officer is called the defendant's preference. There is no record of punishment exceeding 20 years for the defendant, and all other circumstances, including the defendant's age, sex and environment, family relationship, circumstances after the crime, and circumstances after the crime, are considered.

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