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(영문) 서울북부지방법원 2016.08.19 2016고단2094
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

Around 00:50 on January 5, 2016, the Defendant assaulted C at the office of the Defendant of Seongbuk-gu Seoul Seongbuk-gu Party B 1st floor C, who was reported to 112, and took a serious bath to the circumstances during which the Defendant was assigned to the Seongbuk-gu Seoul Seongbuk Police Station D police box, E, F, etc., who was called out after being reported 112, and the above E, who attempted to arrest the Defendant as an offender of domestic violence, took a serious bath to the above E, by assaulting the Defendant as his hand by killinging the flab and destroying the flab of the above E, thereby obstructing the police officer’s legitimate execution of duties concerning the arrest of flagrant

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement statutes to E and C;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no basic area (from June to one year and four months) (the person subject to special sentencing) [decision of sentence] Defendant’s criminal records (it is punishable six times by violence, such as a fine of three million won due to interference with the performance of official duties in 2007), Defendant’s behavior shown before and after the crime, Defendant’s living relationship, etc. shall be determined as ordered by taking into account the following factors: (a) Defendant’s criminal records; (b) Defendant’s behavior shown before and after the crime; (c) Defendant’s behavior was committed; (d) Defendant’s living relationship was against wrong.

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