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(영문) 서울북부지방법원 2015.09.16 2015고단2104

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

At around 13:10 on June 10, 2015, the Defendant, while drunk in a “D” restaurant located in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, brought an objection to other people, breaking a disturbance, avoiding disturbance, and not paying the food value, made a 112 report.

Upon receipt of the above report, the Defendant listened to the explanation that he should pay the food value from the F in the circumstances belonging to the Nowon Police Station E District, and committed assault by breaking the dog, which was sealed by breaking the f’s ebbbbial, and attached on the left shoulder.

Accordingly, the defendant interfered with legitimate execution of duties concerning the dispatch of 112 reported police officers and the maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement-related Acts and subordinate statutes to F;

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

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspension of execution [Scope of the punishment of recommendation] The scope of the comparison between the sentencing range and the recommended sentencing range of the basic area (6-1-4 months) and the basic area (6-1-4 months): the crime of obstruction of performance of official duties committed in June-1 and April (a decision of sentence] is a crime detrimental to the State’s function by nullifying legitimate exercise of public power, and thus, it is necessary to strictly punish the crime in order to establish the legal order of the State and eradicate the light of public authority.

However, the defendant's mistake and reflects his mistake while committing the crime in this case, the defendant has no same criminal records, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc. shall be determined as ordered in consideration of the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after