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(영문) 서울서부지방법원 2015.07.16 2015고단892

공무집행방해등

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

1. Around March 22, 2015, the Defendant: (a) 08:20 on March 22, 2015, the Victim D was tightly sealed by his hand before Mapo-gu Seoul, and his face was 1.

As a result, the defendant abused the victim, thereby causing the victim to suffer from a wound, which requires about four weeks of medical treatment.

2. In the process of arresting the Defendant as a flagrant offender of the crime of assault from the border F belonging to the Seoul Mapo Police Station E District Unit of the Seoul Mapo Police Station, when he received a report of assault at the time and place mentioned in paragraph (1), the Defendant was fleeped to prevent the escape of electronic percussion locks worn by F by hand, and his face was flicked by drinking.

Accordingly, the defendant assaulted police officers to interfere with the legitimate performance of official duties of police officers who perform duties related to arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. Each statement of G and H;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 136 (1) and Article 257 (1) of the Criminal Act of the relevant statutory provisions concerning criminal facts (the point of injury and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act are as follows: (a) the overall sentencing conditions shown in the arguments in the instant case, such as the Defendant’s age, character and conduct, and environment; and (b) the recommended sentence specified in the sentencing guidelines shall be determined by comprehensively taking into account

The Defendant confessions all of the crimes of this case, and is against the law.

B. The Defendant is a primary offender.

C. The Defendant did not agree with the victim D or compensate for his damage.

(1) The basic area of crimes of Category 1 (Influence of Violence), Article 1 (Influence of Violence), the basic area of crimes of Category 1 (Influence of General Bodily Injury), (4-1 year and 6) (2) there (influence of Performance of Official Duties), 2 (influence of Performance of Official Duties) (Scope of Recommendation) is the basic area of the obstruction of Performance of Official Duties (influence of Performance of Official Duties) (6-1 year and April).