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(영문) 서울남부지방법원 2017.01.18 2016고단5249
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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. On September 20, 2016, the Defendant interfered with the performance of official duties, at around 23:10, the Geumcheon-gu Seoul Metropolitan Government, under the influence of alcohol on the front side of the taxi driver and the pilot, and received a report from 112 that “the taxi driver will inform the destination by drinking the taxi,” and then was on the part of the Seoul Geum-gu Police Station D District Unit E (40 years old) where the Defendant was on the part of the vehicle, who was on the part of the Seoul Geumcheon Police Station D (40 years old), called “the head of the household,” called “the head of the household,” called “the head of the household,” called “the head of the household,” and called “the head of the household,” and called “the head of the household,” and called “the head of the household

Accordingly, the Defendant assaulted the police officer E, thereby obstructing the police officer’s legitimate execution of duties concerning the suppression of the crime and the handling of the 112 reported case.

2. The Defendant, at the same time and place as indicated in paragraph 1, is aware of the fact that he was a victim F (29 years old) of the Seoul Geumcheon Police Station D District, the Defendant was dispatched to the said E at the same time and place as indicated in paragraph 1, and whether he was aware of the fact that he was a flag, she was a flachie, she was a flachie, she

The victim was openly insultingd while the taxi article G et al. were saved by taking a bath, such as saging down a knife, leaving a knife, leaving a knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E and F;

1. Application of the Acts and subordinate statutes governing the G production;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of public duties), Article 311 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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. The nature of each of the crimes of this case, which committed violence against a police officer performing official duties with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, is not weak.

In the past, the defendant is punished by the obstruction of the performance of the same kind of official duties in the past and has been subject to criminal punishment more than ten times for violent crimes.

However, it is a contingent crime committed in the influence of alcohol, and the defendant acknowledges the mistake.

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