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(영문) 서울중앙지방법원 2016.08.25 2016고단3809
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, at around 00:30 on June 16, 2016, refused boarding on the front of the “C” road located in Gangnam-gu Seoul, Seoul on the ground that he refused boarding on the front of the “C” on a separate road, was urged to hear an explanation of the treatment of a civil petition for taxi refusal, and to return home from F, the police officer of the Seoul Gangnam Police Station E-gu Seoul Gangnam Police Station E-gu, who was called to the site after receiving a report 112 on a separate case, from G, who was called to the site; and

Seddene,

A bitch bitch bitch bitch x.” Assaulted F’s arms by hand, such as 2-3 picker, f’s chest, f’s chest, and f’s chest to restrain it, and assaulted G’s chest to 3-4 times as her hand, and her blue with blue blus, etc.

As a result, the Defendant interfered with the legitimate execution of duties of police officials concerning the handling of reports and the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and G;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties);

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing as set forth below) of the suspended sentence was that the defendant used the police officer who tried to complete the civil petition processing at the site and return to the site and obstructed the operation of the patrol police officer at the 112 dispatch site during a short period of time. Thus, the contents of official duties infringed upon by the defendant's criminal act are not weak.

In light of these circumstances, the responsibility of the defendant is heavy. However, although the defendant is accused of committing a crime, even though he has been sentenced to imprisonment once in the past, the defendant has long been sentenced to imprisonment, there is no same criminal history, and social ties are relatively clear, the circumstances favorable to the defendant should be considered. In addition, the defendant's age, sexual behavior, family relationship, motive and means of committing a crime, and after committing a crime.

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