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(영문) 서울서부지방법원 2016.06.15 2016고단1046
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

1. On March 30, 2016, the Defendant damaged property: (a) on board a taxi operated by the victim B on or around March 30, 2016 and near the Defendant’s house located in Eunpyeong-gu Seoul Metropolitan Government, and (b) on the road near the Defendant’s house located in Eunpyeong-gu Seoul Metropolitan Government, the victim B demanded the payment of taxi charges; (c) whether the Defendant “

B. If you look at the heading

“A string the string part of the string line of the string line of the string line with the string line with the string line.”

Accordingly, the defendant damaged the taxi owned by the victim.

2. The Defendant, at the time and place specified in paragraph 1, was asked to pay a taxi fee from E (49 years old), a police box affiliated with Pyeongtaek Police Station D, at the time and place specified in paragraph 1, and the Seoul called out after receiving the report of the above Section 112 that the Defendant frighted on the Defendant’s fright and frighted on the Defendant’s frighted on the Defendant’s fright.

” 라는 등으로 욕설을 하며 발로 위 E의 발목 부위를 2회 걷어 찼다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on crime prevention and criminal investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for B and E;

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

1. Relevant Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment with prison labor for each crime;

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. The grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution are as follows: 1 Crimes (Obstruction of Execution of Official Duties) for the reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing) / [the scope of recommending punishment / [the scope of recommending punishment ] Article 62(1) of the Act on the Suspension of Execution / [the scope of recommending punishment / [the scope of recommending punishment / [the scope of damage] Article 62(1) of the Act on the Suspension of Execution / [the scope of punishment / [the person who has been specially mitigated] Article 62(1) of the Act on the Suspension of Execution / [the scope of final sentence due to the aggravation of punishment / [the defendant shall be sentenced] from six months to one year and seven months [the defendant] of the Act on the Suspension of Execution of Official Duties.

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