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(영문) 서울북부지방법원 2014.07.24 2014고단1693

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

On June 3, 2014, at least 20:30 on June 3, 2014, the Defendant assaulted police officers, such as police officers, who are working in the D police station platform located in Seoul, to ask the Defendant for access and official duties and to verify their status, and thereby interfered with the legitimate execution of official duties for the prevention of police officers' crimes and the maintenance of order, etc., without any reason.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A letter of self-production;

1. Application of the Act and subordinate statutes on site and photographs of damage, and on-site photographs of suspects;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that the defendant has already been punished by a fine for obstruction of performance of official duties, and that the defendant has been punished several times due to acts of violence, etc., but again committed the crime of this case despite the past record of punishment, but the defendant is willing not to repeat again, and his family members are also willing to lead the defendant, and the degree of assault against the police officer of this case is not much serious, and the punishment is determined as ordered in consideration of all the factors for sentencing, such as the circumstance of the crime of this case, form, and circumstances after the crime, etc.

It is so decided as per Disposition for the above reasons.