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(영문) 서울남부지방법원 2015.10.02 2015고단2972

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

1. On June 19, 2015, at around 00:35, the Defendant: (a) heard the Defendant’s 112 report at the Defendant’s residence of the Guro-gu Seoul Defendant, requesting a report, and sent to the site, and obstructed the Defendant’s legitimate execution of duties regarding the handling of the reported case by the 112 reported case, namely, “I would withdraw a principal agent during the day because there is no present principal agent,” and “I will withdraw a principal agent during the day, because I do not have the current principal agent, I will leave the police back even if I will leave the front door, I will take the front door, and I will see.”

2. At around 00:55 on the same day, the Defendant was arrested as a flagrant offender who was suspected of obstructing the performance of duties of E, and was transferred to a D police box in Seoul Metropolitanro Police Station, and took the Defendant’s bath to “A person who was demanded to present his identification card”, and “a person who was requested to present his identification card from E”, and a mobile phone used by his hand was collected from E and obstructed legitimate performance of duties concerning investigation of a flagrant offender in accordance with the face of E.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement of E;

1. Damage photographs, etc.;

1. Investigation Report (Attachment toCCTV Data, etc.) - The application of photographs and CD-related Acts and subordinate statutes;

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

1. Among concurrent offenders, each of the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommending punishment] shall be limited to the category 1 of the obstruction of performance of official duties (or from six months to one year and four months): The scope of the final sentence according to the aggravation that there is no person who is a special person]: six months to two years (decision of sentence] cannot be deemed to be severe: the defendant is unsatisfying his mistake in depth, and is against the defendant, and there is no other criminal records except that sentenced to a fine twice prior to 1996.