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(영문) 서울동부지방법원 2014.09.16 2014고단2326

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

At around 01:50 on July 26, 2014, the Defendant: (a) 112 reported at the cel parking lot located in Gangdong-gu Seoul Metropolitan Government, saying that “A guest is in a parking lot; (b) the position E belonging to the D District Unit in the Seoul Gangseo-gu Police Station; and (c) the Defendant, who was divingd, sent out after having received the 112 report, stated the Defendant’s desire to read “a sprinke, sprinke,” and used the above E’s shoulder with both hand, and assaulted the Defendant’s chest part of the said F’s chest part, which continued to restrain, one time at one time in the burb, and then in both hands.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reported handling.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

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

1. Basic sphere of the types of obstruction of performance of official duties (in the case of coercion of performance of official duties) (6 months to 1 year and 4 months); and

2. Determination of sentence of this case is not easy to commit the crime of this case, and the Defendant’s appearance at the investigation stage is also not good, and the degree of assault by the Defendant is not much serious, and there is no particular penalty power except for two different types of fines, and the Defendant’s age, character and conduct, environment, details and result of the instant crime, and all other circumstances that are conditions for sentencing, including the circumstances after the commission of the crime, shall be determined as ordered.