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(영문) 서울북부지방법원 2017.02.08 2016고단5215
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 1, 2016, at around 18:20, the Defendant was under influence of alcohol in front of Seongbuk-gu Seoul, Seoul, on the 112 report that he was under the influence of drinking, and the Defendant was under the influence of drinking in the front of Seongbuk-gu Seoul, Seoul, the police station security guards C, and the patrolman D, who called out, recommended the Defendant to check his residence and return home to the Defendant, thereby getting on the taxi. In addition, the Defendant was under the influence of drinking, and “I am under the influence of drinking?”

The Bags, "......." Bags, the left side of the above C is one time as the hand floor, and the above C is a police officer of this Bags, Bags, and the end of the day, when the two arms of the defendant are carried and the above D puts on the defendant's bridge and restrains them from doing so.

“A person who takes a bath with a large sound, and assaulted the right road of the D on two occasions due to his left door, such as walking the road.

In this regard, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to C and D;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is minor that the degree of interference with the execution of public duties, such as assault, intimidation, deceptive scheme, or public duties, in the mitigated area (one month to eight months).

3. The fact that an assaulted by a young female police officer, etc., who had taken home on the way under the influence of the decision of sentence, is bad in the nature of the crime, and that the degree of the assault is not minor is disadvantageous.

On the other hand, there is no criminal history except that the 20-year fine was sentenced once, and the defendant is trying to escape while under the influence of alcohol.

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