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(영문) 서울남부지방법원 2017.02.15 2016고단5623
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

around 06:50 on September 8, 2016, the Defendant removed the Defendant from C during the time when he was carrying her daughters in front of Geumcheon-gu Seoul, Geumcheon-gu, Seoul, with the report, the background leading up to the Seoul Geumcheon Police Station (44 years of age) and the background leading up to the Geumcheon Police Station E (32 years of age) that was called out after receiving the report. In addition, the Defendant’s “in his inner police station, her father and son have a spirit.”

As a drinking, the term “E” refers to “one time,” the chest of E was wheeled as a hand-to-saw, and D was quied with D’s hand, etc. with a hand-to-saw with the hand-to-saw of the Defendant’s hand.

Accordingly, the Defendant assaulted police officers who are performing legitimate duties concerning the suppression of crimes and handling of reported crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. A written statement of F and D;

1. Investigation report (on-site investigation and CCTV investigation);

1. Application of the photographic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria do not present a separate processing method for the ordinary concurrent crimes, but it is necessary to refer the sentencing criteria to the ordinary concurrent crimes as well. Thus, the sentencing criteria for the obstruction of the execution of official duties are examined in reference to the sentencing criteria.

2. The scope of recommended punishment according to the sentencing guidelines [the types of decisions] the scope of punishment [the scope of punishment [the area of recommendation and the scope of punishment], the basic area where there is no person who has been forced to perform his/her duties (the type 1], and six months to one year and six months;

3. The act of assaulting a police officer performing official duties, such as the instant crime, and obstructing the performance of official duties, is not against the nature of the crime.

However, the fact that the defendant makes a confession of his mistake and reflects, that he raises two children by distinguishing from her husband and neglecting, that there is no previous criminal record and there is no criminal record of the same kind of crime, and that there is no criminal record of the suspension of execution or more.

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