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(영문) 서울동부지방법원 2016.10.06 2016고단1444
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On January 8, 2016, at around 18:45, the Defendant presented his identification card to the police officer of the Seoul Mine Police Station C commander of the Seoul Mine Police Station, who was called “the vehicle theft would bring about the vehicle” at the front of the Seoul Gwangjin-gu Seoul Special Metropolitan City, and asked him about the circumstances leading to driving the stolen vehicle, and asked him about the circumstances leading to driving the stolen vehicle. In addition, the Defendant attempted to break off the above D’s 3.8 squareol, which is contained on the outer clothes of the police officer, and threatened him, by assaulting D’s hand to get off the said gun, and thereby obstructing the police officer’s 112 report and treatment, and the prevention and investigation of the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. The relevant Article of the Criminal Act, Article 136 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment, and the reasons for sentencing;

1. Scope of recommendations on the sentencing criteria: Imprisonment with prison labor for up to six months and up to April 1, the basic area of the obstruction of performance of official duties (performance of official duties) (up to six months to one year and four months) - No special person: No person shall be punished;

2. Determination of sentence interferes with the police officer's performance of official duties. In particular, the degree and risk of obstruction of the performance of official duties such as removing a gun possessed by the police officer, etc. If a gun safety device was removed or a safety device was removed in the course of obstruction of the performance of official duties, a large accident may occur due to shooting of a gun if the gun safety device was removed, a large number of accidents may occur, even if the gun was duly summoned from this court, and the police officer was absent on the court date without permission, and the fact that the damaged police officer requires strict punishment against the defendant is disadvantageous to the defendant.

On the other hand, there is no criminal records that the defendant has been punished for obstruction of the performance of official duties or violent crimes, and there is no criminal records that have been punished for suspended execution or above.

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