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(영문) 서울서부지방법원 2015.02.11 2014고단3141

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

Punishment of the crime

On November 5, 2014, 01:09, the Defendant continued to search for the taxi fare at a police box located in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, with the taxi engineer, and then did not pay the taxi fee to the police box, and the Defendant issued the notice of payment of the penalty for a non-facing vehicle to the Defendant, and thereby, the Defendant interfered with legitimate performance of duties concerning the investigation of the police officer's criminal investigation, etc. by hand when he gets off the left side knife at one time.

Summary of Evidence

1. Part of the defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes on photographs of damage;

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

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act are as follows: (a) the overall sentencing conditions shown in the arguments in the instant case, such as the Defendant’s age, character and conduct, and environment; and (b) the recommended sentence specified in the sentencing guidelines shall be determined by comprehensively taking into account

The Defendant denies the instant crime.

B. On May 31, 2012, the Defendant was sentenced to a fine for fraud at the Seoul Central District Court (hereinafter “Seoul Central District Court”) and was punished 14 times, and among them, the crime due to the Defendant’s violent inclination reaches 10 times.

C. The sentencing guidelines set forth in the sentencing guidelines [the range of recommendations] The basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (the obstruction of performance of official duties and coercion of official duties)