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(영문) 서울남부지방법원 2016.08.01 2016고단2638
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On May 14, 2016, around 02:30 on May 14, 2016, the Defendant damaged KRW 400,00 of the repair cost by walking the back door of the victim C taxi operation on the front side of Gangseo-gu Seoul Metropolitan Government.

2. At around 02:55 on the same day, the Defendant: (a) received a report from C at the same place as before the same day and sent to the site, and received a request from F for voluntary accompanying from F to a patrolman working at the Seoul Gangseo Police Station E District; (b) sent C while traveling patrol lanes; (c) the Defendant was able to protect C, and the Defendant was able to make sure that F was able to protect C, and used the back of F on a drinking basis.

Accordingly, the defendant interfered with the police officer's legitimate performance of duties concerning the prevention and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement law to C and F

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for each crime;

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. The scope of the final sentence due to the reduction area (one to six months) of the reduction area (the scope of recommendation) of Article 62(1) of the Criminal Act for the reasons for sentencing under Article 62(1) of the Suspension of Execution Act (the scope of punishment) [the scope of punishment for the special mitigation person] of the mitigation area (one to eight months) of the mitigation area (one to one month), the mitigation area (one to six months) of the mitigation area (one to six months) of the mitigation area] of the punishment (the special mitigation person] of the mitigation area of punishment: The contents of each crime; the victim does not want the defendant's punishment; the victims do not want the victim's age; the victim's age, previous conviction, sex, circumstances after the crime; and all the changes in the records and the changes in the punishment of this case, shall be determined as the order of the defendant.

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