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(영문) 서울북부지방법원 2016.09.29 2016고단2927
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On July 10, 2016, the Defendant: (a) under the influence of alcohol in front of the C cafeteria located in Dongdaemun-gu Seoul Metropolitan Government on July 20, 2016, while walking on the road, the Defendant her vehicle driven d while taking a warning to the stringer D while taking a string of the string of the strings; (b) was so reported by D, “A man under the influence of alcohol wears a string of the strings; and (c) was dispatched to F (33) who is a police officer belonging to the Seoul East-gu Seoul East Police Station E police box, the Defendant separated the Defendant and D while blocking the front side of the Defendant, “A hicker of the strings in his body, hick, and hicked.” In this end, the Defendant took the left face of the said F strings.

Accordingly, the Defendant interfered with the police officer’s legitimate execution of duties concerning the handling of reporting duties.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a photograph of the victimF face);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

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 divided his own crime from the investigation stage to this court, and reflects his criminal conduct: the defendant filed a 112 report by threatening D outside the prosecution, and even at the time when the police officer called out, the defendant F.

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