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(영문) 서울북부지방법원 2016.06.22 2016고단1672
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 2, 2016, the Defendant, at around 00:45, expressed “C” at the main point of “C” located in Chungcheongnam-gun B, Chungcheongnam-gun, the Defendant, upon receiving a report from the main place of business that drinking alcohol would avoid disturbance without paying the drinking value, and demanded to present identification card when ascertaining the circumstances of the instant case by the police officer E who belongs to the D police station of the Chungcheong-gu, Chungcheongnam-gu, Police Station, and called “C”, and assaulted E’s right base by hand, etc.

As a result, the Defendant interfered with the legitimate execution of duties by police officers on 112 reporting operations.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of criminal facts;

1. Where the suspended sentence, Article 62(1) and Article 62-2 of the Criminal Act of the community service, and the sentencing period under Article 62-2 of the same Act are deemed to be a person who obstructs the performance of public services by adding the basic aggravation of the classification of the types of the sentencing criteria to August 1 to April 1 to April 4: The recommended sentence that no relevant person does not fall: The sentence that is to be sentenced for one year: Imprisonment with prison labor for the basic area (from June 1 to April): four months: the suspended sentence of imprisonment for four months; the suspended sentence of two years; the person whose community service duty is aggravated by 80 hours: A person who is to be mitigated, such as unfashion of the criminal liability against the police officer for the crime committed: A confession, absence of penal records of the same kind or imprisonment without prison labor (two times a fine for

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