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(영문) 서울동부지방법원 2014.11.28 2014고단2497

공무집행방해

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

Criminal facts

On December 27, 2013, the Defendant was issued a summary order of 700,000 won as an offense of insult by the Seoul Eastern District Court.

On August 4, 2014, at around 00:15, the Defendant took a taxi in front of the Seoul Gangseodong Police Station C District located in Gangdong-gu Seoul Metropolitan Government, and did not call the destination to the relevant taxi driver even though he was aboard the taxi, and neglected the Defendant’s request for the foregoing Articles to leave the taxi to the end of the destination, and “I am off from the taxi,” upon receiving the said taxi driver’s recommendation from the slope D, a police officer belonging to the said district, who was reported as the above taxi driver, to leave the taxi, the Defendant saw the said taxi as “I am off, I am off, I am? I am? I am? I am you am off from the taxi, I am off, I am you am? I am am? I am am on the hand floor.”

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports and maintenance of order by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on the investigation report (CCTV verification);

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the crime is not less complicated in light of the attitude of the crime in this case, the degree of violence and obstruction of public duty, etc. is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognizes the crime of this case and is in profoundly against the defendant, there is no record of criminal punishment exceeding the suspension of qualification, and the support of the parent is favorable to the defendant.

In this context, all the sentencing conditions, including the circumstances after the crime, age, criminal records, character and conduct, family environment, etc., shall be comprehensively taken into account the sentencing guidelines of the Supreme Court Sentencing Committee (the basic area of the obstruction of performance of official duties, six months to one year and four months), and the punishment shall be determined as ordered.