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(영문) 서울북부지방법원 2017.01.13 2016고단4979
공무집행방해등
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

1. On November 2, 2016, the Defendant: (a) was unable to take part in a sobane, i.e., the victim D (the remaining, 32 years of age) working in Gangnam-gu Seoul Metropolitan Government (hereinafter referred to as the “victim D”) around 06:35, 2016; and (b) was under the influence of alcohol.

The defendant shall return to the victim the following route that took place from the victim's words "I am, I am," and the victim shall have "I am, I am only, I am."

For about 15 minutes by force, such as “A” and “Irh, Irh.” sound in the future of the Ka Tropter, thereby obstructing the operation of the Maropter by force of the injured party.

2. The Defendant, at around 07:00 on November 2, 2016, listened to the Defendant’s warning that he would return home from the police box belonging to the Seoul Southern Police Station that he was called by the Defendant after receiving a report of 112 that he would escape from the disturbance as above, the police box belonging to the same police box, and the Defendant’s warning that he would return home from the same police box H. Around November 2, 2016, the Defendant “I Ra, Rabs, and n

only 10,000.

“The” shall be sound, and the chest of G during the course of controlling himself by his hand was tight at one time, and the breast of G, three times of drinking, and one face, respectively.

Accordingly, the defendant interfered with the duty of reporting 112, a legitimate official duty of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Application of the investigation report (on-site CCTV investigation) and the CDs and respective photographic Acts and subordinate statutes;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is the first crime (Interference with the performance of official duties) [the scope of recommending punishment] interference with the performance of official duties, and the second crime (Interference with the performance of official duties from June to January to April) that has no basic area (the special sentencing factor] [the scope of recommending punishment] of Article 62-2 of the same Act.

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