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(영문) 서울남부지방법원 2017.11.08 2016고단3484
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 30, 2016, the Defendant does not get a guest from the taxi in the front of Gangseo-gu Seoul Metropolitan Government around 08:00.

’ 는 112 신고를 받고 출동한 서울 강서 경찰서 C 파출소 소속 경장 D이 피고인에게 귀가할 것을 권유하자 갑자기 차도로 뛰어들려고 하고, D이 이를 제지하자 손바닥으로 D의 얼굴을 3회 때리고, 발로 허벅지를 2회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Application of Acts and subordinate statutes on police statements made to D;

1. Circumstances unfavorable to the reasons for sentencing under Article 136(1) of the relevant Act and Article 136(1) of the Criminal Act regarding criminal facts and Article 136(1) of the Selection of Punishment Act: The punishment as ordered by the Supreme Court is determined by taking into account the following factors: (a) the crime of obstructing the performance of official duties is highly likely to be punished by an act that impedes public authority and disturbs legal order; (b) the degree of assault is not somewhat weak; and (c) the Defendant did not have any contrary attitude, such as denying a criminal act by an investigative agency; and (d) the circumstances favorable to the fact that he/she did not appear on the trial date even though he/she was aware that the trial was in progress: (a) there was no history of having been punished by imprisonment for the same kind of crime and imprisonment;

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