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(영문) 서울중앙지방법원 2015.05.07 2015고단557

공무집행방해

Text

A defendant shall be punished by imprisonment for four 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 January 1, 2015, at around 00:45, the Defendant paid the drinking value by E in the circumstances belonging to the Seoul Southern Police Station, which called the “D” entertainment tavern located in Jung-gu Seoul Metropolitan Government, with the report of 112 that “the son refuses to pay the drinking value,” and assaulted by the person who was requested to present his identification card by means of a scam bald, etc., the Defendant interfered with the police officer’s legitimate performance of duties regarding handling 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and F;

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act (i.e., the same type of crime, the absence of previous convictions who have been sentenced to imprisonment without prison labor or heavier punishment, and the fact that they seriously reflects the wrongness, etc.), [the scope of recommending punishment] There is no person [special person] in the basic area (six months to one year and four months) [the scope of recommending punishment] [the decision of sentencing] [the defendant's age, character and behavior, family relation, family environment, economic aspects, motive and means of the crime, circumstances after the crime, etc., as well as the various sentencing conditions in the trial process of this case, such as the defendant's age, character and behavior, family relation, family environment, economic aspects, motive and means