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(영문) 서울남부지방법원 2016.10.28 2016고단4134
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 2, 2016, at least 00:54 on August 2, 2016, the Defendant: (a) committed assault against police officers, such as the Defendant: (b) the Defendant: (c) while receiving the request for returning home after notification from E by a police officer affiliated with the Seoul Yangcheon Police Station D (a police box) who was called “I will go to go to the spatch”; (d) “I will go to go to the spatch”; and (e) “I will go to go to the spatch of the spatch”; and (e) the Defendant displayed the spatf’s spatf’s spatf’s spatf’s hand to stop E; and (e) assaulted the police officer, such as “I would go to the spatch spatf’s spher,” and “I will go to the s

Accordingly, the Defendant interfered with the legitimate execution of official duties of police officials on the 112 Report Handling.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a report on investigation (Hearing statements by a victim police officer);

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] and the basic area (six months to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties) (the scope of the recommended sentence];

2. The sentence of sentence is more important in cases where the Defendant used violence against police officers who perform their legitimate duties, and the nature of the crime is not good, the Defendant has been subject to a suspended sentence once as a crime of obstruction of performance of official duties, and there are several records of punishment for violent crimes, and the fact that the Defendant did not recover from damage is disadvantageous to the Defendant.

However, it is advantageous to the fact that the defendant repents and reflects the wrong, and that the degree of violence is not much important.

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