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(영문) 서울남부지방법원 2016.11.01 2016고단2767
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 11, 2016, at around 00:25, the Defendant: (a) committed violence against the F of the said F by pushing ahead of the arms of the said F, that read, “Anywhere there is no inside; (b) he shall not be held responsible; and (c) he shall not be held liable for any responsibilities” against the guards belonging to the Seoul Yangcheon Police Station E District, which searched the above place in order to arrest a router D with a warrant of arrest issued under the Yangcheon-gu Seoul Metropolitan Government C Loans 402.

Accordingly, the defendant interfered with legitimate execution of a warrant of arrest by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the G’s written Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The sentence of a suspended sentence of imprisonment shall be imposed on the condition of community service, in consideration of various sentencing conditions, including the fact that the defendant for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Probation, etc. Act recognizes the crime of this case and there is no record of punishment so far.

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