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(영문) 서울남부지방법원 2017.01.19 2016고단5482
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 1, 2016, around 23:30 on October 23:30, 2016, the Defendant expressed that “A” in the “D” located under the 108th floor underground floor of the building of Yeongdeungpo-gu Seoul Metropolitan Government, would be a franch for the following reasons: (a) Defendant’s f, an employee of the Defendant, and the police officer belonging to the Seoul Yeongdeungpo-gu Police Station, who was dispatched after receiving the report of the above E 112; (b) “A f, where he belongs to the frant width”; (c) the Defendant sent the f, who was called the Defendant’s f, who was on duty and was called the Defendant’s h on duty; and (d) the police officer belonging to the said fransh, who was in charge of the f

After notifying the cell phone and starting the shooting using the cell phone, the 1st hand used the boom of the I's chest, the boomed the boom, and the boomed the boom.

As a result, the Defendant interfered with the legitimate execution of duties of police officials concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. E statements;

1. On-site photographs, I damaged photographs, G belt work site, 112 reported case processing table (case number 20), investigation report (Attachment to video CDs and photographs taken by the victim 3);

1. Application of Acts and subordinate statutes to an investigation report (report on the result of hearing statements by telephone from a witness E);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution. Article 62 (1) of the same Act on the grounds for sentencing as follows;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. Application of the sentencing criteria;

(a) Determinations: [13] interference with the performance of official duties, 01. interference with the performance of official duties, / interference with the performance of official duties / coercion of official duties;

B. There is no special sentencing factor:

(c) General sentencing factors: Reduction factors (not to be punishable);

(d) Scope of recommending punishment: Basic area, imprisonment of six months to one year and six months; and

3. Determination of sentence: Imprisonment with prison labor for six months, one year of suspended sentence, one year of community service, no record of criminal punishment [for favorable circumstances], and the punishment of victims, etc. (the owner of a drinking house and the police officer concerned) is not imposed (any unfavorable condition], and the degree of interference with the performance of official duties is minor.

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