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(영문) 서울북부지방법원 2016.10.19 2016고단2947
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 14, 2016, at around 20:09, the Defendant reported a disturbance 112 while under the influence of alcohol in Seongbuk-gu Seoul Metropolitan Government “C”.

The Defendant, upon receiving a report 112, solicited the Defendant to return home from the slope E belonging to the Seongbuk Police Station that was called out after receiving the report, sent the Defendant to the said slope E, sounded that the said slope E “packs the flaps,” and shooted the flaps of the above E with his left hand, and assaulted the above E, such as displaying the white plastic flaps in which the urban village was formed by a flab, thereby interfering with the police officer’s legitimate execution of duties concerning the handling of the report.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of statutes governing the place of work;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Article 62 (1) of the Criminal Act;

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

1. Scope of applicable sentences under law: One month to five years; and

2. Where the scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] is minor in the scope of the mitigated area (one month to eight months) of the obstruction of performance of official duties (the scope of the recommended sentence].

3. The sentencing conditions, such as the Defendant’s age, character and conduct, and environment, shall be determined in light of the fact that there is no record of the same kind of crime to be sentenced, a reflective, and a basic recipient is economically difficult;

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