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(영문) 서울서부지방법원 2014.09.17 2014고단1775

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

On July 1, 2014, at around 01:12, the Defendant: (a) stated that “D” house located in Seodaemun-gu Seoul Metropolitan Government, was the main shop owner and the trial owner; (b) the Defendant, upon receiving 112 reports, expressed that “F, a police officer belonging to the Seodaemun-gu Seoul Western Police Station Ecom Station, who is a police officer belonging to the Seoul Western Police Station, shall stop the disturbance and demand him/her to return home,” and that “I am am fat off the fat which he/she tried to take a patrol at his/her hand, carried the chest of the said F, which was pushed back and fat back, and fatd by assaulting the chest of the said G, who was a police officer, to go home on his/her hand, with his/her chest f, G’s public design and maintenance of order, thereby hindering the legitimate execution of duties as to the said F, G’s duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning G and F;

1. Application of Acts and subordinate statutes to a report on investigation (H) and a report on investigation (a statement held by the head of the relevant office);

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. The sentence shall be determined like the order, in consideration of all the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the fact that the decision of sentence has the same penalty power for the accused, the violation of the crimes committed by the accused and the depth of the accused, the age, character and conduct, punishment records, etc