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(영문) 서울서부지방법원 2016.08.10 2016고단1035
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten 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 April 16, 2016, at around 03:30, the Defendant 112 reported “E” located on the Eunpyeong-gu Seoul Metropolitan Government D and the second floor, and sent to Seoul, upon the Defendant’s 112 report, he was arrested in the act of committing a crime from police officers G belonging to the F District of Eunpyeong Police Station, etc., and caused the Defendant to board the back seat of the patrol seat located on the road front of the said week, and he saw the Defendant to G several times. Since then, the Defendant saw the Defendant spited the Defendant into G and F District on several occasions to the police officers belonging to G and F District at the front of the F District located in Eunpyeong-gu Seoul, Seoul. The Defendant spited the Defendant’s erosion to K and the police officers who were reported.

As a result, the defendant assaults police officers who perform their duties on the prevention of crimes and criminal investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, I, J, and K;

1. Application of CCTV-based video CD-related Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 reason for sentencing under Article 62-2 of the Social Service Criminal Act was that the defendant was sentenced to a stay of execution of imprisonment on the grounds that he/she committed an act of interference with the performance of official duties in a similar pattern on August 20, 2010 and on February 12, 2011, and was sentenced to a stay of execution of imprisonment on the grounds that he/she did not repeat again, he/she went to commit a crime in the following criminal facts, and committed an act of violence against several police officials, and the method of violence is bad and insulting, such as spiting, spiting, etc. on face, ten months of imprisonment, and is sentenced seriously to police officers, and the execution of a sentence is suspended after 201, taking into account the fact that there was no same kind of force, relationship with his/her dependents, etc., and for recidivism and edification.

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