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(영문) 서울남부지방법원 2017.01.20 2016고단5927
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 December 4, 2016, around D convenience stores located in Gangseo-gu Seoul Metropolitan Government, on December 22 and 30, 2016, the Defendant: (a) issued a notice of penalty payment for violation of the Punishment of Minor Offenses Act to the Defendant, who was faced with disturbance from the 112 report; (b) committed assault by the Defendant, such as: (c) having carried the epib of the said F with the truck parked on the road; (d) having carried the epib of the epich; and (e) having been parked on the road; and (e) having continued to carry the epith, leading about a distance of about 2 meters.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. Report on internal accidents (to hear statements by shot lines);

1. A report on investigation (a statement made by a shot person);

1. A report on investigation (related to statements of witnesses);

1. Application of Acts and subordinate statutes to a report on investigation (related to a notice of payment of suspect penalty) and a notice of penalty payment;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime (the point of obstructing the performance of official duties 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 the recommended punishment according to the sentencing guidelines [the types of decisions] the basic area [the scope of the recommended punishment], the basic area [the scope of the recommended punishment] six months to one year and four months; and

2. Circumstances unfavorable to a ruling on sentence: The offense committed by the Defendant by assaulting a police officer dispatched after receiving a report, thereby hindering the legitimate exercise of public authority, and is not good;

There is no circumstance in which the degree of violence against the police officer is hot and the damage is recovered.

The defendant needs to be punished more than punishment in that he/she repeats the crime even though he/she has been punished several times for violence-related crimes.

The defendant's mistake is recognized as favorable circumstances.

In addition, such as inflicting an injury on a victimized police officer.

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