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(영문) 서울동부지방법원 2017.01.19 2016고단4003
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 28, 2016, at around 23:45, the Defendant requested that D’s police officers of the Seoul Gangseo-gu Seoul Police Station C District Police Station, who called the scene after receiving a report on “nofly passenger car”, return to the taxi fare and returned home, and obstructed the police officer’s criminal prevention and investigation, public peace and order by assaulting the police officer’s hand her hand with his hand her hand, who saw it to be “I am I am I I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes governing police officers' standing photographs;

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 Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for up to six months and up to April 1, one year and one year; and

2. The fact that the defendant who was sentenced to a sentence is sentenced to suspended sentence once for a crime of different types, and that he/she has been punished three times for a fine is disadvantageous to the defendant.

On the other hand, it is favorable to the defendant that there is no record of the crime that the defendant has been punished by the obstruction of the same official duties, that there is no record of the crime in the investigative agency and this court, and that there is no emphasis on the degree of interference with the performance

The punishment shall be determined as ordered by comprehensively taking account of the conditions of sentencing as shown in the trial process of this case, such as the above various circumstances, the age, sex, and circumstances before and after the crime.

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