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(영문) 서울동부지방법원 2016.07.20 2016고단1781
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 June 13, 2016, around 23:20 on June 13, 2016, the Defendant is a customer who does not get a taxi fee and does not get alight from the taxi.

“The victim F (48) who was dispatched after receiving a report from E by the taxi engineer E is shouldered by the defendant who was in the back of the taxi, and “the taxi fee” is given to the defendant.

”라고 말하자, 피해자에게 “ 니가 뭔 데 좆같은 새끼야. 씨 발 짭새 새끼들 할 일도 없는데 1년만 살자. ”라고 말하는 등 욕설을 하여, 피해자와 함께 위 파출소로 동행하게 되었다.

The Defendant 23:37 on the same day, while taking a bath to the victim within the police box, assaulted the victim by drinking left hand once, eating the victim’s chest on one occasion, taking the victim’s chest on one occasion, taking the her hair on one occasion, and taking the her hair on one occasion.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. A E-document;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The basic area (fe.g., interference with the performance of official duties and coercion of duties) of Class 1 (fe., June - one year and four months) of the Act on the Suspension of Execution (fe.g., the decision of the sentence] of the defendant has already been punished several times by violence, re-offending of the same kind even though he had the record of being sentenced to a fine due to the crime of the same kind in 2014, the degree of the assault is not less and less than that of the crime, and the defendant should not be severely punished in that he should not control the public authority.

However, the fact that the defendant has no record of punishment heavier than the fine, is in depth against the period of detention, and is contingent on the whole.

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