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(영문) 서울북부지방법원 2016.12.16 2016고단4514
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 14, 2016, around 20:30 on the front side of the building B in Gangseo-gu Seoul, Gangnam-gu, Seoul. On October 14, 2016, the Defendant: (a) requested the Defendant to produce identification cards against the Defendant, who was designated as the victim of disturbance by the police officers affiliated with the Seoul Gangseo-gu Police Station C commander of the Seoul Gangseo-gu Police Station, who was called out after having received a report of 112 that he would escape disturbance; and (b) requested the Defendant to produce identification cards to identify himself; (c) the Defendant was able to avoid disturbance by stating that “Isn's fright, chewing, and fright of bitch son.” (d) said D’s fright of the

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on public peace and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] No person who has no basic area (6-1 year and April) of the obstruction of performance of official duties (6-1 year and April), [decision of sentence] Defendant reflects wrongness, there is no record of punishment heavier than fine than fine, Defendant’s occupation and living relationship, etc. shall be determined by taking into account the following as a whole:

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