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(영문) 서울남부지방법원 2015.05.21 2015고단1057

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

Criminal facts

On March 29, 2015, at around 13:35, the Defendant reported to the Yeongdeungpo-gu Seoul Metropolitan Government “Cpick (PC) Bank” to the 112, and the Defendant reported to the 112. Upon receiving a request from the D District Guard E of the Seoul Yeongdeungpo-gu Police Station, the Defendant, along with the police officers, went into the Seoul Yeongdeungpo-gu Police Station D District as well.

On March 29, 2015, around 14:40, the Defendant arrived at the D District Unit of the Seoul Yeongdeungpo-gu Seoul Metropolitan Police Station, Yeongdeungpo-gu, Seoul, and took possession of it, and brought an assault on E by causing the body of a person who was requested by the security guards E to prepare a written statement, and by causing the person’s seat “at the seat of the person to be taken a bribe.” On the left hand, the Defendant ended twice the line of the person to be tightly, took a large interest that may occur from the chair, and took a look at the E line one time with the left hand.

Accordingly, the defendant assaulted a public official who is performing duties related to criminal investigation and interfered with the execution of official duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Article 136 (1) of the Criminal Act applicable to the crimes;

1. Reasons for sentencing of Article 62(1) of the Criminal Act on the suspension of execution [the sphere of recommendation] The basic area of the obstruction of performance of official duties: Reduction according to the grounds for mitigation of six months to one year [the case where the degree of violence is minor]: one month to eight months (the decision of sentence]; the defendant's mistake is recognized; the degree of the assault in this case is not serious; however, even though there are no special circumstances that make it possible for the defendant to exercise assault against the police officer who performs official duties within the boundary of the district, the possibility of criticism is not small; the defendant is somewhat old, one time the crime is related to violence.