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(영문) 서울남부지방법원 2017.01.13 2016고단5337
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

On October 19, 2016, the Defendant, located in Yangcheon-gu Seoul Metropolitan Government B on October 21:38, 2016, was drunk on the front side of “D cafeteria” operated by C, and the Defendant, upon receipt of a report 112, sold the left side of the said E one time by her hand to E, a police officer dispatched to the site after receiving a report.

Accordingly, the defendant assaulted the above police officer, thereby obstructing the police officer's 112 report and lawful execution of duties on the dispatch of the site.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Application of C’s written laws and regulations

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime (the point of obstructing the performance of official duties 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 Criminal Act for observation of protection;

1. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the basic area [the scope of the recommended punishment], the basic area [the scope of the recommended punishment] six months to one year and four months; and

2. Circumstances unfavorable to a decision of sentence: The crime of this case is not likely to cause serious harm to the exercise of legitimate public authority by the defendant by assaulting a police officer.

There is no such circumstance that the degree of violence against the victimized police officer is not easy and the damage is recovered.

Defendant has been punished several times for violent crimes, but failed to improve character and behavior, and committed the crime of this case. The favorable circumstances are recognized by the Defendant.

In full view of the aforementioned circumstances and the circumstances leading up to the instant crime, the degree and result of the damage, the circumstances after the instant crime, the records of the Defendant’s punishment, and other various circumstances, including the Defendant’s age, sexual conduct, and environment, which form the conditions for sentencing as shown in the records and arguments, the punishment as ordered shall be determined.

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