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(영문) 서울남부지방법원 2016.09.22 2016고단334
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around December 29, 2015, the Defendant, at the entrance of the 203 heading room located in Yeongdeungpo-gu Seoul Metropolitan Government, assaulted the victim by exposing the bridge of the victim E (56 years old) who opened the above heading room without any reason under the influence of alcohol, and then embling the victim over the floor, embling the victim over the floor, and embling the victim’s back to the floor, and embling the victim’s side flas, etc. with the victim’s flag and the victim’s side flag.

2. The Defendant interfered with the performance of official duties at the time and place described in the above paragraph (1), defects in the slope G belonging to the F District District of Seoul Yeongdeungpo-gu Police Station, Seoul, which received 112 reports and tried to verify the reported content against the Defendant, and the above G, who took a bath to the said G, and who assaulted the above G, such as using the Abrogate on the back of the said G on a one-time hand, and flabing the 112, which is a police official, by assaulting the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. E statements;

1. A report on investigation (a statement and contact information attached);

1. 112 Application of Acts and subordinate statutes to the details of handling reported cases;

1. Relevant legal provisions concerning facts constituting an offense and the point of obstructing the performance of official duties of directors who choose a punishment: Article 136 (1) of the Criminal Act (the choice of imprisonment) of the Criminal Act: Article 260 (1) of the Criminal Act (the choice of imprisonment);

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 for observation of protection;

1. Scope of sentencing recommended according to the sentencing criteria;

(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) is the basic area (six months to one year and four months), and there is no special sentencing factor;

(b) Class 2 Crimes (Assaults) (Extent of recommended punishment) and No. 1 Crimes (General Assaults) are the basic sphere (two months to ten months) (no person who is subject to special sentencing).

(c) The scope of final sentence due to the aggravation of multiple offenses: Six months to one year and nine months; and

2. Determination of sentence: Imprisonment for six months, suspension of execution, two years, the fact that the accused for the observation of protection has been punished for the same kind of crime, and the execution of official duties; and

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