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(영문) 서울북부지방법원 2016.08.11 2016고단1740
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 March 25, 2016, at around 00:45, the Defendant: (a) 101 of the Gangnam-gu Seoul Metropolitan Government Library Clla 101; and (b) she heard the horses from the police officer E belonging to the Seoul Gangnam-gu Police Station D police station, who called “breathing to drink,” who was sent to the police after receiving 112 a report, and drank the horses to enter the house. The Defendant she saw the horses to “breath to drink,” she died of son, she died of son, and died of son,” and again she saw the horses from the above E, but she her her her her son, her her her son, who she took a bath for about 20 minutes, and her her son her son her son her her son her her son her her son her her son her her.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of Acts and subordinate statutes to the 112 Case Settlement Report

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 Criminal Act, including observation of protection and orders to provide community service and attend lectures;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] and the basic area (referring to six months to one year and four months from imprisonment) of the type of the one (Interference with the performance of official duties and coercion of duties) shall be limited to the scope of the recommended punishment on the sentencing criteria.

3. Determination of sentence shall be made in the same manner as the Disposition, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, age, family relationship, and tendency of the defendant:

The favorable circumstances: The defendant has committed a crime in favor of this court and is in depth divided and reflected, etc.; the circumstances leading to the crime in this case; the circumstances before and after the crime in this case; the records of criminal punishment against the defendant are 28 times or more; and 23 times or more of them are punished for a crime related to violence, etc.

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