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(영문) 서울동부지방법원 2015.02.12 2014고단3794

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:40 on November 20, 2014, the Defendant: (a) 112 reported that he was locked in the front of the Gwangjin-gu Seoul Special Metropolitan City, and was able to write down the said D’s timber in front of the Seoul Mine Police Station C District, which was called out by the Defendant, with the right hand hand hand hand over the Defendant, and continuously d’s flaps were flabed.

Accordingly, the defendant interfered with the police officer's 112 report processing and legitimate execution of duties concerning the protection of the host.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes of D and E;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] Where the degree of violence, intimidation, and deceptive scheme is minor in the area of mitigation [Special Mitigation] (one to eight months] of the area of obstruction of performance of official duties, [decision of sentence] of the crime of this case is an unfavorable circumstance that the crime of this case was committed by assaulting a police officer who was under the influence of alcohol and obstructing the execution of official duties by obstructing the defendant's sufficient mobilization of the police officer who was under the influence of alcohol, and that the defendant was punished as a fine for the crime of violence, etc., and that the defendant

However, it is advantageous to the fact that the defendant recognized the crime and divided, and that the degree of violence is not very serious.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the circumstances that led to the defendant to commit the crime, the age, character and conduct, environment, motive and circumstances of the crime, the result of the crime, the circumstances after the crime, etc., as shown in the arguments in this case.