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(영문) 서울서부지방법원 2016.04.05 2016고단101
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 6, 2016, at around 22:10, the Defendant d'C located in Eunpyeong-gu Seoul Metropolitan Government, drinking alcohol within the scope of "C", provided a bath to the customers at the same time, and provided them with a bath, and was urged by police officers to return home from the slope E and Inspector F of the Seoul Western Police Station, who received 112 reports and sent to the same place.

이후 피고인은 다시 위 업소로 들어가려고 하여 위 경사 E으로부터 제지를 받자 경사 E에게 “ 개새끼야!, 씹새끼야! ”라고 욕설을 하며 발로 경사 E의 왼쪽 허벅지를 2회 걷어찼다.

피고인은 2016. 1. 7. 00:05 경 서울 은평구 은 평로 9길 15에 있는 서울 서부 경찰서 형 사과에서 위와 같은 이유로 공무집행 방해죄로 현행범인 체포된 것에 화가 나 경사 E에게 “ 내가 뭘 잘못했느냐

The sound "Woo Shewres", and the scam of slope E was blicked once by hand.

Accordingly, the defendant interfered with the maintenance of order of police officers and legitimate execution of duties concerning criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] There is no basic area (from June to January, 1) (the person subject to special sentencing) (the person subject to special sentencing) [the decision of sentencing] [the fact that the defendant interferes with police officers who wear their uniforms under the influence of alcohol and wear their uniforms are not good enough to commit such crime.

On the other hand, the defendant's mistake is against his or her own mistake, the degree of violence and obstruction of the performance of official duties is not much serious, and the damaged police officer is not in the position of injury, and there is a particular criminal record except two times of fines due to the crime of this type.

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