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(영문) 서울중앙지방법원 2013.11.27 2013고단6282

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 September 22, 2013, at around 20:20, the Defendant expressed a desire to the employees of the said store under the influence of alcohol at “C” stores located in Jongno-gu Seoul, Jongno-gu, Seoul, and demanded from the Inspector D belonging to the Seoul Sejong Police Station to arrest him as a flagrant offender in violation of the Punishment of Minor Offenses Act, who was called upon upon having received a report while drinking fating the fat, and requested the Defendant to escape from the patrol fat of the said D, and the Defendant fatd the fat of the fat, walking the fat of the fat, walking the fat, walking the fat of the fat, and drinking the fat at one time.

As a result, the defendant interfered with the legitimate execution of duties of police officers on their daily safety affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Application of respective Acts and subordinate statutes of E, F and D;

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

1. Selection of imprisonment with prison labor (the degree of assault against police officers is not minor, the nature of the crime is not good in light of the circumstances of the crime, and there are several records of criminal punishment due to violent crimes);

1. It is so decided as per Disposition on the grounds that the reason for sentencing under Article 62 (1) of the Criminal Act on the grounds that the sentence of sentencing under Article 62 (1) of the Act on the Suspension of Execution is not significantly heavy, namely, the following circumstances favorable to the defendant: ① the degree of assault against the police officer, ② the elderly, ② the elderly, ③ the fact that the fact that the police officer, a means of the obstruction of performance of official duties of this case, was seriously contrary to this law, and ③ the fact that the execution of sentence against the defendant, was suspended on the grounds that it is more likely that the sentence is suspended on the grounds that the sentence of the defendant is sentenced for more than one year and four months from six months from the scope of imprisonment (limited to six months) to one year and four months from the scope of the recommended sentence under the sentencing guidelines of the Act on the Suspension of Execution of Execution of the Punishment of the Criminal Act