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(영문) 서울북부지방법원 2016.07.21 2015고단3947
공무집행방해등
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

1. On October 25, 2015, around 02:10 on October 25, 2015, the Defendant damaged the Defendant’s property by setting up the card settlement machine owned by the victim’s name and the card signature machine owned by the owner of the business at the “D Syena” location in Jung-gu Seoul, Seoul, and thereby damaging the amount of repair costs.

2. The Defendant interfered with the performance of official duties at the above date, at the above time, and at the above place, brought a bath to G in the process of ascertaining the situation against the Defendant by police officers G (the age of 28) belonging to the Seoul Southern Police Station F District, which called out after receiving 112 a report that the Defendant continuously assaults E and damages property as referred to in the above paragraph (1). The Defendant assaulted G with his left chest three times as drinking.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

Summary of Evidence

1. Each legal statement of witness E and G;

1. Statement of the police statement related to G;

1. E statements;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 136 of the Criminal Act, Articles 136 (1) and 366 of the Criminal Act ( point of obstructing the performance of official duties), and choice of imprisonment with prison labor for the 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

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

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Interference with the performance of official duties (the scope of a recommendation / [the scope of punishment] and interference with the performance of official duties, the basic area (the interference with the performance of official duties and coercion) (the imprisonment of six months to one year and four months) (the person who has no special sentencing factors)

(b) Offenses of damaging property: Offenses for which the sentencing criteria are not set;

C. The range of final sentence due to the handling of multiple crimes: Imprisonment with prison labor for not less than six months (the crime of obstructing the performance of official duties on which the sentencing criteria are set and the crime of causing property damage and the crime of concurrent crimes under the former part of Article 37 of the Criminal Act between the crime of violating the Resident Registration Act in which the sentencing criteria are not set shall be set on the sentencing criteria for the crime for

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