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(영문) 서울서부지방법원 2015.09.10 2015고단1093

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 May 4, 2015, at a C restaurant located in Seodaemun-gu Seoul Metropolitan Government around 17:40 on May 17, 2015, the Defendant received a report from the victim, Seodaemun-gu, Seoul Police Station D box, stating, “I am off to the restaurant for one hour, I am off and interfere with the operation of the restaurant.” The Defendant sent the victim, Seodaemun-gu, Seoul, to the Defendant, “I am off to the restaurant, I am off, I am off, I am off, I am.” and “I am back to the restaurant, I am back to the restaurant, I am.”

Accordingly, the defendant assaulted police officers to interfere with the legitimate performance of official duties by police officers on handling 112 Reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Act and subordinate statutes to a investigative report;

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

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 led to the instant crime, and is against himself.

B. On September 19, 2014, the Defendant was sentenced to a fine for assault in the original state branch of the Chuncheon District Court on eight occasions, including that he/she was punished on eight occasions.

(c) Where the degree of violence, intimidation, and deceptive scheme is minor, in the mitigated area (one month to eight months) (special mitigation), which is set forth in the sentencing guidelines for the obstruction of performance of official duties.