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(영문) 서울동부지방법원 2016.09.22 2016고단2253
공무집행방해
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

On July 9, 2016, the Defendant reported at around 21:10, 502 B Apartment, Gwangjin-gu Seoul Special Metropolitan City, at around 502 Dong 503, and sent to the site and heard the circumstances of the case from C. On July 21, 2016, the Defendant made a mistake for the Defendant at the house inside and outside of the house, to E, who belongs to the Seoul Mine Police Station D police Station, and listen to the circumstances of the case from

C. He expressed his desire to “Ye ......” and expressed the back of E one time by her hand, and the face of F in which she tried to speak was f one time by hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E and F;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for up to six months and up to April 1, one year and one year; and

2. The fact that the defendant who was sentenced to a sentence committed assault against the police officers dispatched after receiving a report on domestic violence, the fact that the victimized police officers stated that it is necessary to punish the defendant, and that the criminal records subject to a fine due to violent crimes are only disadvantageous to the defendant.

On the other hand, the fact that the defendant has no criminal history above the same criminal history or suspended execution, and the fact that the court recognizes all crimes is favorable to the defendant.

The punishment shall be determined as ordered by comprehensively taking account of the conditions of sentencing as shown in the trial process of this case, such as the above various circumstances, the age, sex, and circumstances before and after the crime.

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