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(영문) 서울북부지방법원 2016.09.29 2016고단2952
특수공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 July 8, 2016, the defendant was found at the defendant's house located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, 205 Dong 704, and entered into a married couple's fight as a matter of internal combustion between C and his woman, and C reported to the 112 reported center.

The Defendant, at around 00:48 on the same day, sent out after receiving a report at around 112, the background E, the victims belonging to the Seoul Nowon Police Station D District, and the slope F, to listen to the situation of the instant case from C in the front door of the Defendant’s house, saying, “Isk kn't kn't kn't kn't kn't kn't kn't 20 centimeters of the kn't kn't kn't).

In addition, the hallway and the victims were threatened as they were.

Accordingly, the defendant carried dangerous articles and interfered with police officers' legitimate execution of duties concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Police seizure records;

1. Photographs of seized articles;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Articles 144 (1) and 136 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The observation of protection and the order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not more than seven years and six months;

2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] and the aggravated area (a period of one year to four years) (a period of imprisonment) (a period of one year to four years) (a person who has been specially increased] of the public officials who have suffered damage. (a type of one)

3. The sentencing shall be determined by removing, or holding the disposition, the lower limit of the sentencing guidelines set in the sentencing guidelines, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, the defendant's age, family relationship, tendency, etc.:

The favorable circumstances: The defendant is able to repent and reflect his criminal act in depth from the investigation stage to the present court.

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