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(영문) 전주지방법원 2015.06.11 2015고단102

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

On December 29, 2014, around 22:35, the Defendant: (a) received a report from C in the process of the Seoul Mine Police Station B District District where he was called “to return to the Republic of Korea” to the effect that “I must return to the Republic of Korea” before the entrance of the subway station No. 243 located in the Arasan-ro, Gwangjin-gu, Seoul Special Metropolitan City, and that “I would like to return to the Republic of Korea while I would like to be under the influence of alcohol; (b) the Defendant called “I will return to the Republic of Korea” from the said C, with the right hand, etc. of the said C.

Accordingly, the defendant interfered with legitimate execution of duties concerning the protection of people's body and the prevention of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and D;

1. A report on investigation;

1. Application of Acts and subordinate statutes governing suspect photographs;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. From one month to five years of the applicable sentences in law; and

2. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] of the obstruction of the performance of official duties (the obstruction of the performance of official duties and the coercion of official duties). The basic area [the scope of the recommended sentence] of the basic area [the scope of the recommended sentence] from June to April.

2. The crime of this case, which was sentenced to punishment, is an assault against a police officer who solicits a defendant who was under the influence of alcohol to return home, and the nature and circumstances of the crime are not good. However, if the defendant acknowledged the crime of this case and there is no record that the defendant was punished for the same kind of crime or was punished heavier than a fine, and other various sentencing conditions specified in the records of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, are determined as ordered.