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(영문) 서울중앙지방법원 2017.05.11 2016고단8701
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, around August 14, 2016, within the main point of “D” located on the first floor of Jung-gu Seoul Metropolitan Government C underground around August 21, 2016, and the number of customers.

The Seoul Central Police Station E (hereinafter “Seoul Central Police Station E”) sent out to the scene after receiving a report of 112 that fighting had occurred, and the F heard the statement from the owner of the vessel, and, without any particular reason, expressed that F was able to do so, the said F was able to say, “I have to find out the gue, who was farc fe, and who was farc farc f, who was farc farc, and who was farced before farc f, who was farced.” The said F’s chest was farced once by her hand, walked the bridge once, and farc farc farc with the left hand.

Accordingly, the defendant interfered with the police officer's legitimate execution of duties on handling 112 reports by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. Application of the F and G respective Acts and subordinate statutes;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The reason for sentencing under Article 62(1) of the Criminal Act where the degree of assault, intimidation, and deceptive scheme is minor (one month to eight months) in the mitigated area (i.e., interference with the performance of official duties and coercion of duties) (i.e., January to eight months), [a person who has been specially mitigated] committed assault against a police officer who performs official duties

The fact that the defendant has not been compensated for damage or has not received a letter from the victim, and that the defendant has been punished several times of violence in the past is disadvantageous to the defendant.

However, there is a large degree of violence against the defendant's mistake, and the extent of violence is large.

The court shall take into account the facts that are difficult to see as favorable to the defendant, and shall determine the punishment as ordered within the scope of the sentencing criteria, taking into account all the circumstances, such as the defendant's age, sex, career, home environment, motive and means of the crime, circumstances after the crime, etc., within the scope of the sentencing criteria.

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