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(영문) 서울동부지방법원 2014.05.29 2014고단818

공무집행방해등

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 March 22, 2014, the Defendant: (a) around 20:30 on March 22, 2014, around the Seoul Mine Police Station Ctation in Gwangjin-gu, Seoul; (b) on the part of the police box located in Gwangjin-gu, Seoul; (c) on the part of the police box, the police officers assigned to the above police box, who reported the violence case between the punished passengers inside D urban bus and sent out after receiving 112 reports, expressed that the above E would have a person involved in the above violent case get out of the bus; and (d) took a bath to the above E, “Ising Chewing match” for about 10 minutes; and (e) caused the victim E (the age 43) to suffer from the parts of the her chest, which require treatment for about two weeks; and (e) continued to end with the police officers belonging to the same police officers, “Isle ma and fright fright’s desire to do so.”

As a result, the defendant interfered with the legitimate execution of duties by police officers on the handling of reports and maintenance of order, and at the same time injured the victim E.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect of G;

1. Each statement of H, E, and F;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 136 (1) and Article 257 (1) of the Criminal Act concerning the relevant criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment with prison labor; 1. Sentencing of Article 62 (1) of the Criminal Act

1. The scope of sentence recommended according to the sentencing guidelines (determination of types), violent crimes, general injury (general injury) (determination of the recommended area) basic area [the scope of sentence for recommendation] April to 1 year and six months [the scope of sentence for recommendation according to the criteria for handling multiple crimes] June to 2 months;

2. The arguments are shown, such as the accused’s confession, the accused’s decision on the sentence, the contingent criminal, the fact that there is no record of being punished as a crime of obstruction of performance of official duties, and the age, character and conduct, occupation, intelligence and environment of the accused, the motive and background of the crime, the means and method of the crime, the circumstances after the crime, etc.