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(영문) 서울남부지방법원 2014.11.19 2014고단3764

공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a ship of Chinese nationality.

around 15:00 on October 2, 2014, the Defendant is under the influence of alcohol in front of the Changdae-dong, Guro-gu, Seoul, Guro-gu, 26-ro, Guro-gu, Seoul, and is under the influence of drinking C and C.

The police officer of the Seoul Guro Police Station D police box, who was patroled, was removed from E and the police officer F of the Seoul Guro Police Station, and the Habbbbbbucks of E, which caused E to wear and tear the external bucks by hand.

The Defendant continued to be arrested by F as an offender in the crime of obstruction of the performance of official duties from F to a police box, and thereafter, committed assault by F to force the police officer’s body on several occasions, namely, refusing to take passengers in the course of carrying the patrol box 2-3 times, taking the F’s bridge into the patrol box 2-3 times, and taking the patrol box 2-3 times, and then “to throw away the police officer’s neck.”

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers on the suppression of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Application of each police protocol of statement to E and F;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the punishment for the obstruction of performance of official duties]. The punishment for the obstruction of official duties shall be limited to the punishment for the obstruction of official duties. The punishment for the obstruction of official duties shall be limited to six months to one year;

2. In order to establish the legal order of the country where the sentence was rendered and eradicate the light of the public authority, there are extenuating circumstances, such as the Defendant’s need to punish the crime of obstruction of performance of official duties, and the fact that the nature of the crime is not good in light of the circumstances leading up to the instant crime or the content of the instant crime. However, the Defendant’s confession of the instant crime while committing the instant crime, and the Defendant’s contingency under the influence of alcohol.