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(영문) 서울중앙지방법원 2015.01.08 2014고단9337

공무집행방해

Text

A defendant shall be punished by imprisonment for four 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 30, 2014, around 21:05, the Defendant, in front of the restaurant “C” located in Gwanak-gu in Seoul Special Metropolitan City, and had a police officer, who was a police officer belonging to the D District of the Seoul Gwanak Police Station D District, dispatched to the site after receiving a report on a disturbance under the influence of alcohol, and obstructed the police officer’s legitimate performance of duties on the part of the police officer in relation to the handling of reporting duties by stating to the above E as follows: “I am, opening, embling, flap, flap, flap, flap, flap, etc.” (hereinafter referred to as “C”).

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes on statement to E;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] 1 month to 8 months (including the case where the degree of violence is minor as a special mitigation) / (the decision of sentencing) / the decision of sentencing appears to have reached the crime of this case by contingency under the influence of alcohol, and it appears to have reached the crime of this case by contingency, i.e., taking into account that there was no history of punishment for the same kind of crime,