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(영문) 서울남부지방법원 2015.06.05 2015고단1310

공무집행방해

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 16:00 on January 29, 2015, the Defendant was under the influence of alcohol, and went on a taxi driving before and after the Gangseo-gu Seoul Metropolitan Government Yero apartment apartment road, and went on the front of the route to the 4-dong, Gangseo-gu, Gangseo-gu, Seoul, and provided a bath to the above B without paying KRW 11,00,00. On the other hand, the Defendant reported on the 112 report of the above B and sent to the site, and 10 minutes of the Seoul Yangcheon Police Station’s Living Safety and the circumstances surrounding the C District to which he belongs “I am frith, I am frith, I am a bath, and 10 minutes of the “I am frith, I am frith, I am frith, I am frith, I am off from the “I amfeat rate”, and then cut off from 200 meters away.

On January 29, 2015, at around 16:55, the Defendant: (a) committed assault on the part of the Defendant, such as: (b) “I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am

Accordingly, the Defendant interfered with the police officer's legitimate performance of official duties concerning 112 reporting processing duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. B written statements;

1. Photographs of damaged parts;

1. Application of Acts and subordinate statutes to each investigation report (related to the hearing of a shote, confirmation of the installation of CCTV, and testimony of a witness G);

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;

1. Reasons for sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] The basic area of obstruction of performance of official duties (6 months to one year and four months), [no person specially punished] [decision of sentence] Defendant has served several times of punishment for the same kind of crime, but it again leads to the instant crime.