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(영문) 서울남부지방법원 2015.05.27 2015고단1314

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than five 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 April 6, 2015, at around 01:25, the Defendant assaulted “Cjuk” located in Guro-gu Seoul Metropolitan Government, and obstructed the police officer’s legitimate execution of duties by committing an assault, such as: (a) having been requested by the Defendant to pay the drinking value by E, a police officer affiliated with the Seoul Guro Police Station D police box called out after having received 112 report that the Defendant would avoid disturbance under the influence of alcohol; and (b) having been requested by the Defendant to pay the drinking value by E, a police officer

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement;

1. Application of Acts and subordinate statutes to each statement;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Where the scope of mitigation area of obstruction of performance of official duties (i.e., January or August) [Special Mitigation] [Determination of sentence] the extent of assault, intimidation, and deceptive scheme is minor, (i.e., the decision of sentence] the period of suspended execution or fine involving violence several times, but the defendant appears to have committed the crime of this case by contingency, and the degree of assault seems to be minor, and the defendant appears to have committed the crime of this case, and the defendant seems to have committed the crime of this case. In addition, the punishment shall be determined as ordered by taking into account the motive and background of the crime of this case, circumstances after the crime of this case, the defendant's age, character and behavior, environment, etc., as well as the various circumstances, which