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(영문) 서울북부지방법원 2017.01.18 2016고단4562
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 28, 2016, around 23:30 on August 28, 2016, the Defendant: (a) informed the reporter’s location in order to verify the background of the instant case, the police station E District of Seoul Gangnam Police Station E District, sent out after receiving a report from 112 that the Defendant interfered with the business in front of the D cafeteria located in Gangnam-gu Seoul Metropolitan Government; and (b) demanded the said F to receive iron at the site; and (c) “Laf Paris four places.”

C If the gushes, chron, or magazine gushes were to live in G floor several years, then I would like to live in G.

It was assaulted, such as why he will take a bath with the larger friend "S friend," and intending to take the above F on the ground of drinking.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and H;

1. Relevant Article 135 (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 for observation of protection;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is minor in the area of mitigation (one month to eight months), the area of mitigation (a person with special mitigation) (a person with special mitigation) of public duties, and the extent of violence, intimidation, and deceptive schemes;

3. The sentencing conditions, such as the defendant's age, sexual behavior, environment, etc., are considered in light of the fact that the degree of assault and assault against the decision of the sentence is not serious, the fact that there is a past record of being sentenced to the suspension of the execution of imprisonment for the same kind of crime around 2005, but the past record of being sentenced to the punishment for the same kind of crime has no particular criminal history, except for the case where there is a past record of being sentenced to the fine due to insult.

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