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(영문) 서울남부지방법원 2015.11.20 2015고단3940

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 23:10, 2015, at the Yeongdeungpo-gu Seoul Metropolitan Government District C District of Yeongdeungpo-gu Police Station, the Defendant took a bath for police officers, and assaulted the police officers, such as: (a) the security guards belonging to the Yeongdeungpo-gu Police Station C District of Yeongdeungpo-gu, Seoul, to arrest the said D as a flagrant offender; (b) the Defendant was able to catch the E’s arms by hand, and (c) the e’s chest, which was around 23:10.

Accordingly, the defendant assaulted police officers E, thereby obstructing the legitimate execution of duties concerning the arrest of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to a investigative report (CCTV accompanying images);

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] There is no basic area (6 months to one year and four months) of the obstruction of performance of official duties (the decision of the sentence] [the decision of the sentence] the degree of assault cannot be deemed severe, and the defendant is in depth divided and reflects his mistake, and other conditions of sentencing such as the defendant's age, character and conduct, environment, and circumstances after the crime, etc., the sentence is determined as per the order within the scope of the recommended sentence and its execution is suspended.