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(영문) 서울동부지방법원 2015.11.26 2015고단3188

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 October 19, 2015, around 01:41, the Defendant arrested a slope C affiliated with the 1150 Seoul Gangseo-ro, Gangdong-gu, Gangdong-gu, Seoul, as a flagrant offender of the crime of assault, the Defendant abused the face of the above C with his head and obstructed the legitimate execution of duties concerning the arrest of the police flagrant offender.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of statutes on photographs of damage;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] There is no basic area (6-1-1-4 months) of the obstruction of performance of official duties (6-1-4 months), [decision of sentence] The reason for and content of the instant crime, the degree of assault (the police who suffered damage with snow red red, so that the victim was fluored), confession and reflects, the defendant's criminal power, age, career, health status, and family relation, and all the circumstances favorable or unfavorable to the defendant as shown in the oral argument such as the defendant's criminal records, age, health status, and family relation were considered as a whole, and the sentence as ordered.