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(영문) 서울서부지방법원 2014.08.07 2014고단1523

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 May 24, 2014, at around 02:25, the Defendant: (a) committed an assault, such as a quipher, the head, face, chest, etc. at the main point of “C” located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and received a report of 112 while drinking alcohol, and demanded that E, a police officer belonging to the Seoul Western Police Station D District, who called the Seoul Western Police Station, stop the disturbance and return home, and demanded that E, who was called the police officer, stop the disturbance and return home, and interfered with legitimate performance of duties concerning the maintenance of public peace and order of E, a police officer, by assaulting the Defendant, such as a police officer, who is a police officer, at the same time as the head, face, breast, etc., and

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. E statements;

1. A damaged photograph;

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The reason for the sentencing of Article 62(1) of the Criminal Act (see, e.g., circumstances that are considered as the reason for sentencing) of the suspended sentence [the scope of the recommended sentence] There is no basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (the scope of obstruction of performance of official duties) [decision of sentence] The sentencing guidelines for the crime of this case by the defendant is as above. The sentencing guidelines for the crime of this case are as follows; considering the fact that the defendant under the influence of alcohol prices the face, etc. of police officers who wear a uniform without justifiable cause several times, it is not good to commit the crime of this case; however, the defendant is selected to be sentenced to imprisonment in light of the fact that there is no criminal power, and reflects his depth of his mistake; that the defendant falls under Grade 2 of the suspension of performance of official duties due to e.g., mental spine and health disorder; and that the defendant's health condition is not good.