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(영문) 서울서부지방법원 2016.10.14 2016고단2266
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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

1. At around 17:40 on June 8, 2016, the Defendant: (a) reported 112 on the alleys adjacent to “Chue ricebase” located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul; and (b) solicited the Defendant, who was a policeman affiliated with the Seodaemun-gu Police Station D Boxes, sent to the said place, to have the Defendant returned to the Republic of Korea; (c) on the ground that, (d) demanded the Defendant to go back to the U.S., the Defendant’s seat, the Defendant’s house, and assaulted E on his hand, one time, and one time, one time, on his/her left face.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers related to 112 reported duties.

2. The Defendant, at the time and place indicated in paragraph (1), and at the same time and place, the F, who was sent with the above patrolman, met the Defendant’s behavior, such as the preceding paragraph, and 30 persons, including G, read the victim as “a police officer with a bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch, and a police officer with a bomb son.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. Application of the statutes governing the place of service for a police box;

1. Relevant Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment for the crime

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);

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

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [the scope of recommendations for the crime of obstruction of performance of official duties where the sentencing guidelines are set] compliance with the minimum of the sentencing guidelines set for the crime of obstruction of official duties, which is set out in the sentencing guidelines for sentencing that there is no basic area (6 to 1 year and 4 months) of category 1 of the obstruction of official duties (the scope of recommendations for the crime of obstruction of official duties where the sentencing guidelines are set]. The following circumstances

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