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(영문) 서울북부지방법원 2016.10.28 2016고단3841
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. At around 20:30 on August 26, 2016, the Defendant was under the influence of alcohol to “C” located in Dobong-gu Seoul, Dobong-gu, and was under the influence of alcohol to take a bath for the said C business owner D with a large sound, etc., the Defendant was prevented from taking a warning to the said D by the F during the process where the Defendant received the report of 112 of D that the Defendant got out of the disturbance and called out, the Defendant was under the control of the Defendant’s sending the disturbance to the said D pursuant to the circumstances where the Defendant was assigned to the Seoul Dobong Police Station E box, which was called out. As such, the said F carried the f with a bit bitch.

2. On the same day, the Defendant continued to be arrested as a flagrant offender committing the crime of obstruction of performance of official duties at the same time and place as above, and moved to the Estation office located in Dobong-gu G on the same day at around 21:35, and thereafter, the Defendant discussed to the police officers several times to the effect that “we are seeing about” the instant documents were carried out by the police officers, but on the ground that the police officers did not comply with it, the Defendant saw the face of the above F, which

As a result, the defendant has interfered with legitimate execution of duties concerning the handling of 112 reported cases by police officers and criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes of D;

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

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

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

1. Reasons for the sentencing of Article 62-2 of the Probation Criminal Act [Scope of Recommendation] There is no basic area (six months to one year and four months) of obstruction of performance of official duties (decision of sentence] [decision of sentence] there is no record of punishment heavier than the fine, and there is no record of punishment heavier than the fine. The punishment as ordered shall be determined in consideration of the defendant's age and health condition, drinking habits, etc.

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