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(영문) 서울북부지방법원 2016.09.22 2016고단1391
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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

On January 17, 2016, around 06:10 on January 17, 2016, the Defendant was under the influence of alcohol on the 2nd floor of D cafeteria located in Gangnam-gu Seoul Metropolitan Government, and this was reported by the staff of D cafeteria.

Since then, the defendant was sent to the E police station upon receipt of a report 112, the background F of the E police station, and the background G showed that the defendant was about to shoulder the defendant, and that "I am feas," "I am feas, I am feas, I am fas," and when the chest of G due to drinking was two times, I am her son at the next hand.

Accordingly, the Defendant interfered with the handling of 112 reported cases, which is a legitimate performance of police officers' official duties.

Summary of Evidence

1. Statement by the defendant on the third public trial date;

1. Statement of the police statement related to G;

1. Each statement of H, I, and J;

1. Application of CD’s film-related statutes;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] and the basic area (referring to six months to one year and four months from imprisonment) of the type of the one (Interference with the performance of official duties and coercion of duties) shall be limited to the scope of the recommended punishment on the sentencing criteria.

3. The sentencing shall be determined by removing, or holding the disposition, the lower limit of the sentencing guidelines set in the sentencing guidelines, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, the defendant's age, family relationship, tendency, etc.:

The favorable circumstances: The circumstances leading to the instant crime, the method of the commission of the crime, etc., are committed by the Defendant, and the Defendant has no record of criminal punishment due to the obstruction of the performance of official duties.

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