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(영문) 서울북부지방법원 2016.09.23 2016고단2995
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

At around 03:00 on June 18, 2016, the Defendant: (a) was seated at the back seat of the head seat of C cab in front of Dongdaemun-gu Seoul, Seoul; (b) did not occur even if D was broken up the Defendant several times; and (c) was sent to the Defendant upon receipt of a report by 112, one person, such as the Victim Furg, the police officer belonging to the Seoul Eastdong Police Station E District (52 years old) who was sent to the Seoul Eastdong Police Station E District, was salvating the Defendant, thereby profing the victim’s face, making the victim’s chest and parts of the victim one time, and interfere with the police officer’s legitimate performance of duties concerning the maintenance of public order and the handling of 112 reported duties; and (d) inflicted injury on the victim, such as drinking alcohol, the number of days of treatment of which is unknown to the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Written statements of D;

1. Application of Acts and subordinate statutes to photographs about injuries inflicted by damaged police officers;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] There is no basic area (from June to one year and four months) (the person subject to special sentencing) [decision of sentence] of the basic area (the person subject to special sentencing] (the decision of sentence is against the defendant, there is no record of punishment heavier than the fine, and there is no record of punishment heavier than the fine, and the defendant's living relation, etc. shall be determined as per the order.

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