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(영문) 서울북부지방법원 2016.08.11 2016고단2700
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On June 26, 2016, the Defendant interfered with the performance of official duties at around 02:00 on June 26, 2016, who was asked about the intention to pay taxi charges from the policeman F (26 years old) affiliated with the Seoul Southern Police Station E (26 years old) who was reported and called out on the issue of taxi charges on the front side of the Seoul Jung-gu, Seoul, the taxi driver and vagabonds on June 26, 2016.

The 112 report process by the police officer was obstructed by taking a brush, Shos gue, Shos guesta, Shos guesta, and thereby obstructing the police officer's legitimate performance of official duties on the handling of the 112 report report.

2. On June 26, 2016, the Defendant interfered with the performance of official duties at around 02:30 on June 26, 2016, the Defendant: (a) moved to the E box located in Seoul Jung-gu G on June 26, 2016 in order to undergo an investigation; (b) took the police officers waiting at the scene of the police officer, who were waiting for the investigation; and (c) taken two strings on the bridges; and (d) obstructed the police officer’s legitimate performance of official duties regarding the investigation of the instant case, such as the carping of the F’s bridge.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

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

1. A H statement;

1. A statement of control of the F;

1. A photograph of a closure;

1. Investigation report (to attach CCTV images to those released from a strike);

1. Application of Acts and subordinate statutes to investigation reports (CCTV image analysis);

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] and the basic area (referring to six months to one year and four months from imprisonment) of the type of the one (Interference with the performance of official duties and coercion of duties) shall be limited to the scope of the recommended punishment on the sentencing criteria.

3. The sentence of sentence shall be rendered in consideration of all the circumstances shown in the pleadings of this case, such as the following circumstances, the defendant's age, family relationship, tendency, etc.

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