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(영문) 서울서부지방법원 2017.01.25 2016고단3207
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

The facts charged are also stated in the facts that the defendant took a bath, but it cannot be seen that the prosecutor was indicted to the effect that he did not prosecute the facts as a crime of insult and threatened the public official performing his duties. As such, the elements for the crime of obstructing the performance of official duties without changing the indictment to the extent that it does not substantially disadvantage the defendant's exercise of his right of defense (the facts that the public official performing his duties assaulted to the public official performing his duties) are

On September 10, 2016, at around 05:05, the Defendant was under the influence of alcohol at the Seoul Yongsan-gu Police Station D police station located in Yongsan-gu Seoul, Yongsan-gu, Seoul, and took a bath, and boomed the fright face of the police officer E who was requested to leave from the police officer E who belongs to the above police box, and pushed off the fright face of E one time.

Accordingly, the defendant assaulted police officers who perform legitimate duties in relation to the prevention of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant Article 136 (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. The reason for sentencing under Article 62-2 of the Criminal Act for the protection and observation and the order to attend the lecture [the scope of recommendation] The basic area (fe.g., interference with the performance of official duties and coercion of duties) of Class 1 (fe., June to one year and six months) (f.) [f.g., sentence] the sentence of imprisonment for the same crime and the suspended sentence of imprisonment, despite the fact that the sentence was sentenced to a fine for the same crime, and even if the sentence was served for the suspended sentence of imprisonment, eight months is sentenced to imprisonment for the second crime; however, the police officer must not repeat the sentence in light of the fact that the police officer's serious violation against the police officer E, such as the commission of a serious crime, and the degree of assault, etc., the execution of the sentence shall be suspended and sentenced as per the order for

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