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(영문) 서울북부지방법원 2017.04.12 2017고단228
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 23, 2016, at around 00:25, the Defendant: (a) unloaded from a taxi on the street in front of Lemonmon-Ba, Seoul Special Metropolitan City, Nowon-gu, 44 Na 7-2, and walked to the building; (b) prevented the front of the patrol vehicle, the Seoul Nowon-gu Police Station B police station, which was on patrol without any justifiable reason; (c) cut off the motor vehicle on a drinking-time basis; (d) continuously flad the front of the patrol vehicle, and continuously flading the vehicle on a drinking-time basis, and (e) took a desire for a police official belonging to the said patrol group, who was on board the vehicle on a drinking-day basis, and (e) interfered with the legitimate execution of duties of police officers, such as performing police officers, by means of patroling the vehicle over about 30 minutes while holding the vehicle on a drinking-day basis; and (e) interfered with the legitimate execution of duties of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A copy of the work site in B;

1. Filing an investigation report (related to the attachment of Babbbbs Tracks Tracks and videos).

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommending punishment] The punishment is not provided for in Article 62(1) of the Criminal Act by exercising violence against police officers who perform legitimate duties from June to one year (decision of sentence]. However, the defendant's mistake is against his/her own mistake, and the defendant's age, sexual conduct, environment, motive, means, consequence, etc. are determined as ordered in consideration of the defendant's age, sexual behavior, motive, means, and consequence, circumstances after the crime.

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