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(영문) 서울남부지방법원 2017.08.09 2017고단786
공무집행방해
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

On February 1, 2017, from around 22:30 to February 03:00 on February 2, 2017, the Defendant d, E, etc. d, who d, and so on, drinking alcohol at the C main points located in Gwangju-si B, and soliciting the Defendant to return home under the influence of alcohol, but the Defendant was able to go home by his employee’s house.

He refused to return home while talking, and his employees reported 112, and sent back to the site the police box of the Gyeonggi light Police Station F police box to the site.

On February 2, 2017, at around 03:15, the Defendant: (a) prevented the police officer G, etc. from carrying the said employees inside the patrol vehicle to verify the reported matters; (b) attempted to get the said employees inside the patrol vehicle; and (c) the said G solicited him/her to go home while stopping the Defendant, and (d) took a bath to G, the Defendant saw him/her to take a part of the back water part of G in his/her hand at one time and put him/her on the shoulder.

The Defendant assaulted the above G and interfered with police officers G's legitimate performance of duties for preventing and investigating crimes and maintaining order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each written statement of D and E;

1. Application of the Acts and subordinate statutes concerning a CCTV image recording and a photographic act;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the 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 according to the sentencing guidelines [the types of decisions] that interfere with the performance of official duties and the coercion (one type] of a crime interfering with the performance of official duties (the area of recommendation and the scope of the recommended punishment], the basic area of the recommendation and the scope of the recommended punishment], six months to one year and six months.

3. There is no reason for the suspension of execution [main reason for the suspension of execution] [General reason] positive: Serious reflection, or there is no criminal conviction or more for the suspension of execution.

4. The act of assaulting a police officer performing official duties, such as the instant crime, and obstructing the performance of official duties, is the nature of the crime.

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