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(영문) 서울남부지방법원 2016.02.18 2015고단5491
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

1. Around September 28, 2015, the Defendant: (a) 22:30 on September 28, 2015, 2015; (b) was arrested by police officers E, etc. who received 112 a report and was arrested as a flagrant offender; and (c) was led to the district of Gangseo-gu Seoul Metropolitan Government Police Station G in Gangseo-gu, Seoul; and (d) 10 persons, such as C, H, police officers I, etc. in the above district office, among those with 10 persons, including the above C, H, and police officers; (b) whether the victim E received the width;

The victim openly insultingd the victim by openly obsesses, such as frien gue, ageed frien, and so on.

2. 공무집행 방해 피고인은 제 1 항과 같은 일시에 위 G 지구대 사무실에서, 피고인과 함께 체포된 지인 J로부터 “ 화장실을 가고 싶으니 수갑을 풀어 달라.” 는 요구를 받은 위 지구대 소속 경장 I가 그 수갑을 풀어 주면서 그를 화장실로 안내하려 하자, 특별한 이유도 없이 발로 위 I의 허벅지 뒷부분을 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to police officers' global service.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to E and I;

1. Application of the respective laws and regulations of C and H

1. Article 311 of the Criminal Act applicable to the facts constituting an offense;

In this regard, Article 136(1) of the Criminal Act (which interferes with the execution of official duties)

O. Imprisonment selection)

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of the recommended sentence] / [the basic area for interfering with the performance of official duties] The reduction pursuant to the grounds for mitigation [the person subject to special sentencing] from June to April [the degree of violence is minor] from January to August (the decision of sentence], the details and degree of each of the crimes of this case, the circumstances in which the defendant agreed with the police officer of the other party to the crime of interference with the performance of official duties, and the defendant's age, sexual behavior, and other circumstances.

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