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(영문) 서울중앙지방법원 2016.04.11 2015고단8018
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 19, 2015, around 00:30, the Defendant: (a) committed assault, around 42, at the street near the 42-ro, Dongjak-gu, Seoul Metropolitan Government, to be urged to return home and return home to the police station, starting from E, etc. in the circumstances surrounding the seat of the Dong Police Station, which was dispatched after receiving a report from 112 that taxi passengers are booming and frighting, the Defendant obstructed the police officer’s legitimate performance of duties concerning the handling of 112 reports by assaulting the Defendant, such as “frighting fright of bitch” and “fright of bitch of bitch,” i.e., one-time price.

Summary of Evidence

1. Statement of the defendant in the first trial record;

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

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

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (Consideration favorable to the defendant), [the scope of the recommended sentence] The basic area (from June to January 4) of Article 62(1) of the Act on the Suspension of Execution of Official Duties, and there is no person in charge of special sentencing] [the decision of sentencing] [the defendant has served one time as a suspended sentence of imprisonment for the same crime as the crime in this case, and two times as a fine], but the defendant has served two times as a prison term of punishment. However, the defendant is led confession and is against the police officer, and the degree of assault committed by the defendant does not seem to be relatively heavy. The defendant has no record of punishment heavier than a fine since 194, and there is no other record of punishment heavier than a fine that the defendant has been sentenced for the crime in this case, taking into account the motive and background leading up to the crime in this case, the defendant's age, age, sexual behavior, occupation, family relation, etc.

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