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(영문) 서울서부지방법원 2017.01.06 2016고단2196
공무집행방해
Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That 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

Punishment of the crime

On June 13, 2016, the Defendant was arrested by the police box C of the Seoul Western Police Station C, who was dispatched after being reported to 112 at the front route B of Eunpyeong-gu Seoul on June 13, 2016, as the current offender suspected of assault from D, the Defendant was arrested by the police box affiliated with the police box of the Seoul Western Police Station C;

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Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of the above police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to E and D;

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

2. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable circumstances, etc. in consideration of the importance of sentencing):

3. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders.

1. The sentencing guidelines for sentencing: Imprisonment with prison labor for not less than six months, but not more than one year and four months (the scope of a recommendation) shall interfere with the performance of public duties, and the basic area (the interference with the performance of public duties and the coercion of duties) (the period from June to April) of the basic area (the period from June to April) is nonexistent;

1. Unfavorable circumstances: The crime of this case is at the price of food by a police officer who wears a uniform, and is at the same time flabbbing, and the crime of this case is at poor quality of the crime, and is punished for the same kind of crime;

1. favorable circumstances: Taking into account all kinds of sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, environment, motive, means and consequence of the crime, etc. of the defendant, such as the fact that the defendant misleads the defendant, the fact that the police officer does not place an injury, etc.;

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