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(영문) 서울남부지방법원 2016.09.01 2016고단2929
공무집행방해등
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. Around 03:40 on June 6, 2016, the Defendant, around the restaurant located in Geumcheon-gu, Geumcheon-gu, Seoul, took a bath to the victim, stating that he was subject to the control from the victim D (at the age of 51) who was an employee of the above restaurant, who appeared to have a female her female fright, and that he would be incidental to the victim’s report when he reported.”

2. At the time and place specified in Paragraph 1, the Defendant committed violence against the police officer F, a police officer belonging to the Seoul Geumcheon Police Station Emba, who called the Seoul Geumcheon Police Station Emba, who received a 112 report to the effect that “I are assaulting female,” and the Defendant committed violence against his female-friendly Gu, such as “I ambling off the fat, I ambling, I ambling, I am., I am.” by her hand, with the voice “I ambling off, I am. I ambling the fat, I am.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to 112 reported duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to G, F, H, and I;

1. Written statements of D;

1. Application of Acts and subordinate statutes to photographs of victimized police officers;

1. Assault under Article 260 (1) of the Criminal Act concerning the crime concerned;

In this regard, Article 136(1) of each Criminal Code (the choice of imprisonment), and Article 136(1) of each Criminal Code

1. Articles 40 and 50 (Appointment of Imprisonment with Labor for Crimes of Obstruction of Performance of Official Duties)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] 1] Violence (Crime 1] (Crime : February 2 to October 2) (Crime 1): The basic area of obstruction of performance of official duties as to obstruction of performance of official duties] [Type 1] Reduction due to reasons for mitigation [Special Convict] 1] From June-1 year and April (Article 1) (Article 62(1) of the Criminal Act (Article 62(1) of the Act on the Suspension of Execution: there is no reduction due to reasons for mitigation (Article 62(1) to August 2) (Article 1/2 of the upper limit of punishment for the crime of assault (Article 1).

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