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(영문) 서울동부지방법원 2016.09.09 2016고단1405
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 November 23, 2015, the Defendant: (a) 05:40 on November 23, 2015, the Defendant, at the “D” located on the first floor of the Yeongdeungpo-gu, Young-gu C underground, Young-gu.

On the other hand, the police officers F, etc. belonging to the Gyeonggi-do Police Station E District Group of the Gyeonggi-do Police Station E District of the 112 Report were dispatched to the site and sent out of the above e-mail site at the request of the above e-mail site owner, and the defendant again tried to go out of the above e-mail site.

Therefore, the above police officer's face was removed by hand, and the defendant was tightly pushed up three times with the face of the above police officer, and it was assaulted by the above police officer by exposing his hand, thereby hindering the police officer's criminal prevention and investigation, public peace and order maintenance.

Summary of Evidence

1. Each legal statement of witness F, G and H;

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

1. Application of CCTV image USB Acts and subordinate statutes;

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

1. Article 62(1) of the Criminal Act on the stay of execution (The following extenuating circumstances are considered in favor of the sentencing in mind):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is minor in the area of mitigation (one month to eight months), the area of mitigation (a person with special mitigation) (a person with special mitigation) of public duties, and the extent of violence, intimidation, and deceptive schemes;

2. Determination of sentence: Imprisonment with prison labor for 4 months, the period of suspension of execution for 2 years: An act of assaulting a police officer who wears his uniform without any particular reason to obstruct the performance of official duties is pleasure of the nature of the crime. Nevertheless, the degree of assault is relatively insignificant in light of the favorable circumstances, such as the denial of his/her criminal act, etc. by the defendant: The degree of assault is relatively insignificant. Taking into account all other circumstances, such as the defendant’s age, sex and environment, family relationship, circumstances leading to the crime, etc., which are the conditions for sentencing as shown in the records, such as the defendant’s age,

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