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(영문) 서울남부지방법원 2014.12.16 2014고단4034

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

At around 21:50 on August 31, 2014, the Defendant was under the influence of alcohol in front of “D” located in Gangseo-gu Seoul Metropolitan Government C. However, the Defendant’s denial E- 112 reported and sent back to the site by the slope G (the age of 45) affiliated with the F Zone G (the age of 45) of the Seoul Gangseo-gu Police Station, which was called to the site after having received the Defendant’s 112 report, took the Defendant’s head at one time and obstructed the police officer’s legitimate performance of duties concerning the police officer’s 112 reporting duty.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. E statements;

1. Application of the Acts and subordinate statutes to photographs taken by injured police officers on top of the body;

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

1. The reason for sentencing of Article 62 (1) of the Criminal Act on the suspended sentence [Scope of Recommendation] The punishment shall be set within the scope of recommendation according to the sentencing guidelines in consideration of the favorable circumstances, such as the following: (a) where the degree of assault, intimidation, and deceptive scheme is insignificant in the area of mitigation [Special Mitigation] (one to August) of the area of mitigation (a person in charge of obstruction of performance of official duties/performance of official duties] (a person in special mitigation] the degree of assault, intimidation, and deceptive scheme (a decision of sentence] committed in the state of taking advantage of the main sentence