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(영문) 서울북부지방법원 2016.11.16 2016고단3828
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

At around 11:00 on August 26, 2016, the Defendant: (a) 11:00, at the front of the C engineer restaurant located in Gangseo-gu Seoul, Gangnam-gu, Seoul; (b) 112 reported and demanded a drinking test to F, who was identified as a police officer E, who was called out to have driven a drunk; (c) the Defendant immediately arrived at the scene of the following to the said E: (d) said E, i.e., “I am, I am, I am, I am, I am. I am. I am. I am. I am, I am. I am. I am. I am., I am., I am. I am., I am., I am., I am., I am., I am., I am., I am.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

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

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act selecting a penalty;

1. Article 62 (1) of the Criminal Act;

1. The sentence of recommendation that no person in charge of the execution of official duties, the order to attend a lecture, the order to provide community service, the basic aggravation of the sentencing period of Article 62-2 of the Criminal Act, between June and April 1 to April 4: The period of punishment that there is no corresponding person: The sentence of imprisonment in the basic area (from June to April): 10: the imprisonment for a period of ten months: the imprisonment for a period of two months: the imprisonment for a period of two years; the order of community service 160 hours; the order of 40 hours for a person under 98 hours: the same penal power; the obstruction of performance of official duties; the imprisonment for eight months; the imprisonment for a period of eight years; the unrefluentment of damage; and the person who has been mitigated, such as a mitigation

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