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(영문) 서울북부지방법원 2016.11.15 2016고단507
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 30, 2015, around 23:10 on December 30, 2015, the Defendant entered the main points of “C” located in Seongbuk-gu Seoul Metropolitan Government, with drinking, and was seated without any order.

During that period, the police officers E and F who were urged to return home from the main point of view after receiving a report from the above main point of view from the operator of the above main point of view, and the above F, who were urged to leave the main point of view and return home from the main point of view, interfered with the legitimate execution of duties by police officers in regard to the handling of the 112 reported case.

Summary of Evidence

1. The police statement concerning F;

1. Application of the respective Acts and subordinate statutes of G and H

1. The relevant Article of the Criminal Act, Article 136 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment, and the reasons for sentencing;

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

2. The scope of recommendations on the sentencing criteria [the scope of recommendations] shall be the basic area (two months of imprisonment to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties).

3. The Defendant, who received 112 reports from the owner of the business indicated in the above crime and solicited him to return home from the police officer. As above, the Defendant was sentenced to a fine of three million won for obstruction of performance of official duties at the Sungwon District Court's Sungnam branch on April 1, 2015, and the Defendant was sentenced to a fine of three million won for obstruction of performance of official duties, taking into account the Defendant's age, family relation, and inclination, and all other circumstances shown in the argument of the instant case, such as the age, family relation, etc.

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