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(영문) 서울북부지방법원 2016.06.23 2016고단889
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

On March 17, 2016, around 09:15, the Defendant: (a) sent to the site after receiving a report of assault in the parking lot for the building B in Gangseo-gu Seoul, Gangnam-gu, Seoul; and (b) expressed 3 patrol boxes of Gangnam-gu, Gangnam Police Station C, Seoul, to the police officer D, etc. of the 3 patrol team of Gangnam-gu, Seoul.

The Defendant continued to check that the Defendant had a fine of KRW 3 million unpaid and discharged the Defendant. D attempted to arrest the Defendant. This type of spaw at “hing the Defendant,” and assaulted the D’s threshold once a week.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Application of Acts and subordinate statutes to the investigation report (No. 3 of the evidence list);

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] and the basic area (referring to six months to one year and four months from imprisonment) of the type of the one (Interference with the performance of official duties and coercion of duties) shall be limited to the scope of the recommended punishment on the sentencing criteria.

3. The sentencing shall be determined by removing, or holding the disposition, the lower limit of the sentencing guidelines set in the sentencing guidelines, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, the defendant's age, family relationship, tendency, etc.:

The favorable circumstances: The defendant has committed a crime in favor of this court, and has been divided into and reflected against him; the defendant has three times the history of criminal punishment for a crime related to violence, but there is no record of criminal punishment for a crime related to violence, and there is no record of criminal punishment exceeding a fine for the defendant; the circumstances leading to the crime in this case, methods of crime, conditions before and after the crime, etc.

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