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(영문) 서울북부지방법원 2015.05.01 2014고단4688

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 September 7, 2014, at around 05:30, the Defendant 56, C, D, etc., playing along with the china-ro 80na-ro 56, Gangnam-gu, Seoul, Gangnam-gu, Seoul, on the china-ro 80na-ro, and confirmed whether the above D et al. was withdrawn and sent after receiving 112 report, and confirmed whether the slope F, who was assigned to the Seoul Gangnam Police Station Estation, sent it to D et al., the Defendant she sawed to the above F. The Defendant she sawed the time while carrying out official duties upon receiving the report.

E. Myson도요

The Defendant interfered with the legitimate execution of duties concerning the crime prevention, maintenance of order, etc. of police officials by assaulting F in his hand, i.e., F’s neck at once, i.e., one time by hand, and F’s ambro, by assaulting F’s ambrogate at once.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of the photographic Acts and subordinate statutes;

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

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

1. Reasons for the sentencing of Article 62-2 of the Probation Criminal Act [Scope of Recommendation] The sentence of obstruction of performance of official duties is to be determined as per the order, taking into account the following: (a) the mitigation area (one month to eight months) [Special Mitigation] [non-liability of the person in need of mental illness] / The sentence of mental retardation (non-liability of the person in question] / The defendant is a disabled person of Grade III with intellectual disability in depth; (b) the damaged police officer does not want punishment for the defendant after understanding the status of the defendant; and (c) the mother of the defendant is leading by the defendant.