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(영문) 서울동부지방법원 2016.12.02 2016고단2475
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On July 25, 2016, at around 05:00, the Defendant expressed the victim E, a slope belonging to the Seoul Mine Police Station Diplomatic Police Station, who requested the Defendant to leave the taxi after receiving a report from the Defendant that he did not pay a taxi fee or pay a taxi fee on the road in Gwangjin-gu Seoul Special Metropolitan City, and assaulted the victim by “the victim E, a slope belonging to the Seoul Mine Police Station Diplomatic Police Station, who has been working for the said taxi engineer.” The Defendant expressed the victim “the flance, the flance year, the flance year, the flance year, the flance year, and the victim’s body

Accordingly, the Defendant assaulted police officers, thereby hindering police officers from performing their legitimate duties relating to the maintenance of public order, and openly insulting the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Application of Acts and subordinate statutes concerning CCTV images closure photographs and CCTV images CDs;

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, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] shall be limited to the lowest limit of the recommended sentence under the former part of Article 37 of the Criminal Act, in the case where the degree of violence, intimidation, and deceptive scheme is minor in the mitigation area (one month to eight months) of the obstruction of performance of official duties (special mitigation person] and the crime of insult for which the sentencing guidelines are set and the offense of insult for which no sentencing guidelines are set are set are concurrent crimes.

2. Determination of sentence: 4 months of imprisonment with prison labor, and 1 year of suspended sentence are crimes of this case committed by the Defendant with bathing and assault against police officers who wear his uniform by drinking alcohol, and thus, the nature of such crimes is not weak. However, the Defendant recognized his mistake and reflects his mistake, the degree of assault is relatively minor, and the Defendant is subject to a minor fine on one occasion other.

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