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(영문) 서울서부지방법원 2014.12.18 2014고단1925

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 8, 2014, at around 04:00, the Defendant: (a) reported to the Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government C heading a vehicle; and (b) sought to verify whether E was drinking or not, the circumstances belonging to the Mapo Police Station D District Department of the Mapo Police Station, “I contact the chief of a police station, I will contact the chief of a police station, I am off, I am off, I am off, I am off, I am off, I am off, I am off, I am off, I am off, I am off, I am off, I am off, I am off, I am off, and interfere with the legitimate execution of duties of police officials concerning the handling of the 112 reported case.”

Summary of Evidence

1. Each legal statement of witness E and F;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to investigation reports;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., circumstances that are considered as the reason for sentencing) of the suspended sentence [the scope of recommendation] There is no basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (the scope of obstruction of performance of official duties) [decision of sentence] The sentencing guidelines for the crime of this case by the defendant is as follows. The sentencing guidelines for the crime of this case are as follows. The sentencing guidelines for the crime of this case by the defendant under the influence of alcohol are as follows: (a) it is not good to commit the crime of this case in which the defendant takes a bath and prices several times to police officers who wear the uniform without justifiable cause; (b) the degree of damage caused by the direct price is relatively small; and (c) the execution of imprisonment is suspended on condition of community service work only once, taking full account of various circumstances such as the defendant’s age, character and conduct, environment, etc.