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(영문) 서울중앙지방법원 2014.06.10 2014고단2410

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

However, 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

[Criminal Power] On April 10, 2014, the Defendant was sentenced to three years of suspension of execution on April 18, 2014 by imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective crime, a deadly weapon, etc.) in the Gyeyang Branch of the Suwon District Court, and the judgment was finalized on April 18, 2014.

【Criminal Facts】

1. On December 30, 2013, around 09:40 on December 30, 2013, the Defendant, entering a multi-household house in Seocho-gu Seoul Metropolitan Government, where the victim D resides, opened a multi-household house, and entered a public stairs and corridor inside and intrudes on the victim’s residence.

2. In the same date, time, and place as in paragraph 1, the Defendant threatened the victim by showing the attitude that, if the Defendant did not comply with the Defendant’s request, such as “I am dead, I will be waiting for 24 hours before house.”

3. The Defendant: (a) was at the same time and place as stipulated in Paragraph (1) of this Article; and (b) was at the time and place of the performance of official duties to move the said D to the patrol vehicle by a slope F belonging to the Seoul Coast Guard Edistrict; (c) was to have the patrol vehicle moved to the said D; and (d) was to have the patrol vehicle moved to the patrol vehicle in his hand; and (d) prevented

Accordingly, the defendant interfered with the legitimate execution of police officers' duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and F;

1. A photograph of the victim's residence and the outline thereof;

1. Previous convictions in judgment: The application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Articles 136 (1), 319 (1), and 283 (1) of the Criminal Act concerning the facts constituting an offense;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. In the case of the crime of obstruction of performance of official duties by recommendation type of sentencing guidelines, the crime of intimidation is committed in six months to one year and four months as the basic area of category 1.