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(영문) 서울중앙지방법원 2016.06.08 2016고단1597
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 21, 2016, around 04:20 on March 21, 2016, the Defendant was subject to a warning after warning the police officer on the spot, on the ground that he saw alcohol as a dissatisfaction against usual parking problems in front of a multi-household in Gangnam-gu Seoul Metropolitan Government, and took a large amount of noise, and made neighboring residents unable to sleep.

After 04:55 on the same day, the Defendant was residing in the 303th place of the same building by opening the door door.

C An out-of-the-spot C’s arms and scams, etc., and upon receiving a report 112, the Seoul Suwon Police Station D District E, which was called out, used to commit assault, such as cutting off the above E’s arms and flabs, and scaming them in hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of reported cases by E who are police officials.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes in writing C;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Where the degree of violence, intimidation, and deceptive scheme is minor in the mitigation area (one month to eight months) of Class 1 (Interference with the performance of public duties and coercion of duties) (in the event of a person subject to special mitigation), the mitigation area (in the event of a person subject to special mitigation), which is minor;

2. According to the rulings of sentence, the sentencing conditions stated in the records of the instant case, such as the age, sex, family, family relationship, home environment, motive and means of the commission of the crime, and circumstances after the commission of the crime, are equally considered and sentenced to the same sentence as the orders.

It is necessary to strictly punish the crime of interference with the performance of official duties because it is a crime that undermines the function of the state by nullifying the legitimate exercise of public authority.

The crime of this case is again committed against another person even though the defendant was given a warning after the warning at the site by engaging in an act of disturbing drinking.

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