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(영문) 서울남부지방법원 2016.04.27 2016고단492
공무집행방해
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 13:20 on February 5, 2016, the Defendant: (a) was exposed to a violation of signal from the victim C (39 years old) police officers belonging to the police station B in Yeongdeungpo-gu Police Station B in Yeongdeungpo-gu, Yeongdeungpo-gu; and (b) was issued a penalty poster; (c) the Defendant’s demand was cut off on the ground that he refused the Defendant’s request to send a Stick in accordance with the principle and the foregoing C police officer’s refusal to send the Stick; and (d) the Defendant tried to take the face of the above C police officer, who was trying to return to the processing of 112 reports and patrol, and failed to use the 10 minutes of the above C police officer, who was assigned to the police officer assigned to the above district police station B in order to stop the above 10 minutes of working without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to C and D;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] interference with the performance of official duties, and interference with the performance of official duties (type 1] / Where the degree of violence, intimidation, and deceptive scheme is minor (the territory of recommendation and the scope of the recommended punishment], one month to eight months of imprisonment;

3. Grounds for probation [Main Reasons] positive: In cases where the degree of assault, intimidation, and deceptive scheme is minor (general grounds for consideration) positive: serious reflective.

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