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(영문) 서울서부지방법원 2015.11.26 2015고단2436

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

At around 17:10 on September 20, 2015, the Defendant saw a locked on the front side of the “D” restaurant located in Eunpyeong-gu Seoul Metropolitan Government, and “the junator was used,” the Defendant heard the horses to the effect that “I am and come home, and go home,” from the slopeF (the age of 38) belonging to the Eunpyeong Police Station E-gu Seoul, Eunpyeong Police Station E-gu, and called “I am home,” and the said police officer “I am the dys of the police officer.” The Defendant sawd the above police officer to the effect that “I am and come home. I am the dys of the police officer’s right son.” On his hand.

Accordingly, the defendant assaulted police officers to interfere with legitimate performance of official duties concerning the protection of police officers and handling of reports 112.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of the police statement concerning F;

1. Application of the G’s written Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act (The following circumstances, etc. considered as the reasons for sentencing):

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. [Scope of Recommendation] The basic area (6 to 1.4 months) of the obstruction of performance of official duties (determination of sentence] / The sentence of imprisonment shall be chosen in light of the following: (a) the defendant has been sentenced to a fine due to violence three times; (b) the defendant has been sentenced to a fine due to violence; (c) the crime of this case interfering with the execution of official duties is not committed by assaulting a police officer who has worn a uniform without justifiable cause under the influence of alcohol; (d) the defendant has no criminal record beyond a fine; (e) the defendant has committed the crime of this case against his own mistake and is deemed to have committed the crime of this case by contingency under the influence of alcohol; and (e) the defendant's age, character and behavior, and environment, etc., and the execution of imprisonment is suspended only once.