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(영문) 서울북부지방법원 2017.05.31 2016고단5255
공무집행방해
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 19, 2016, at around 23:00, the Defendant: (a) b3:0, while under the influence of alcohol from the street in front of C in Gangnam-gu Seoul, and received a report from 112, and was dispatched to the site, committed assault, such as receiving twice the complaints from the Defendant to return home from the slope E belonging to the Seoul Gangnam Police Station D police station, which was called to the site.

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

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 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommendation] There is no person [the person subject to special sentencing] in the basic area (six months to one year and four months) (the person subject to special sentencing] [the decision subject to sentencing] [the decision subject to punishment] the fact that the defendant has a history of being punished as an act of violence, the defendant's age, sex, conduct, intelligence and environment, motive, means and consequence of the crime, the circumstances after the crime, etc. are considered.

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