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(영문) 서울남부지방법원 2015.06.18 2015고단1831

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

Punishment of the crime

At around 03:40 on April 23, 2015, the Defendant: (a) reported that a person was drunk in the stairs B 1st floor of Seocheon-gu, Seocheon-gu, Seocheon-gu; and (b) demanded that the person will work from D with the border belonging to the Busan High Police Station C District, Seocheon-gu, Busan High Police Station C District, which was called up, committed assault by the Defendant, such as assaulting D’s chest part once by drinking.

Accordingly, the defendant interfered with the legitimate execution of duties for the prevention of police officers' crimes and public peace and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] There is no basic field of obstruction of performance of official duties (six to one year and four months), [decision of sentence] [Determination of sentence] in light of the circumstances leading to the instant crime, degree of damage, etc., the liability for the crime is not easy, but there is no record of the crime except for the fact that the defendant recognizes and reflects the crime, that there is no record of the crime except for the punishment once due to the drunk driving, and that the punishment is determined as ordered within the scope of recommendation, taking into account all the conditions of the sentencing, such as the defendant's age, character and conduct, environment, and circumstances after the crime.