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(영문) 서울남부지방법원 2014.10.01 2014고단2942

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight 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 July 19, 2014, around 00:30 on July 19, 2014, at the D District District of the Seoul Yeongdeungpo-gu Seoul District Police Station located in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant took a bath and sound without any justifiable reason, and the slope E belonging to the said earth was the defect that the Defendant gets out of disturbance and returned home, and the Defendant’s face and head was the hand.

As a result, the defendant interfered with the legitimate execution of official duties in police officers' order maintenance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes governing photographs of victims;

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

1. Article 62 (1) of the Criminal Act (The following factors of sentencing shall be taken into account):

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

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the punishment for the obstruction of performance of official duties]. The punishment for the obstruction of official duties shall be limited to the punishment for the obstruction of official duties. The punishment for the obstruction of official duties shall be limited to six months to one year;

2. In order to establish the legal order of the country where the sentence of punishment was rendered and eradicate the light of public authority, the necessity of severe punishment for the crime of obstruction of the performance of official duties of the defendant is great; the nature of the crime is not good in light of the circumstances of the crime of this case or the content of the crime of this case; the defendant was punished several times as violent crimes; the defendant has the record of having been punished for the same kind of crime; however, the defendant's confession of the crime of this case and reflects the mistake; the defendant appears to have committed the crime of this case in contingency under the influence of alcohol; the degree of violence used by the defendant is not significant; the same criminal record of the defendant is a criminal record before 10 years; the defendant's age, character and behavior, environment, background and means of the crime; the circumstances after the crime of this case; and the attitude in this court, etc. are all the conditions for sentencing.