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(영문) 서울남부지방법원 2014.10.07 2014고단1771

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

On May 11, 2014, around 19:30 on May 11, 201, the Defendant got the National Assembly to enter the territory of the Yeongdeungpo-gu Seoul National Assembly, Yeongdeungpo-gu, Seoul National Assembly. On May 11, 2014, C, who was dispatched upon receipt of the 1112 report, sent the Defendant at the time when he was pushed the said C’s chest into the right arms, pushed the Defendant at his own will, and pushed the left head at one time.

Even after the Defendant was arrested as a flagrant offender committing the crime of obstruction of performance of official duties and arrived at the said district, the Defendant assaulted C’s buckbucks one time to walk.

Accordingly, the defendant interfered with the maintenance of police officers' order and legitimate execution of duties concerning arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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

1. Reasons for sentencing of Article 62 (1) of the Criminal Act on the suspended sentence [Scope of Recommendation] There is no basic area (6-1 year and four months) of the obstruction of performance of official duties (the decision of sentence), six months of imprisonment, two years of suspended execution (the fact that the records of punishment for the crime of violence of the same kind are less than one time, considering the favorable circumstances that the records of punishment for the crime of violence of the same kind are less unfavorable, and that the facts of recognizing mistake and reflecting it are being reflected); and