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(영문) 서울북부지방법원 2014.10.16 2014고단2226

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

On May 26, 2014, around 13:40 on May 26, 2014, the Defendant discovered the Defendant who wishes to enter the police station under the influence of alcohol in front of the right door of the Gangseo-gu Seoul Northern Police Station 406 Gangnam Police Station, and went to the building of the public service center of the police station by disregarding the Defendant’s question of the purpose of visit by the auxiliary police officer C belonging to the said police station.

Accordingly, C was assaulted by threatening the Defendant to enter the public service center due to fear of the Defendant’s main dynasium and unjustifiable behaviors in the police station, thereby hindering the police officer’s legitimate execution of duties concerning the maintenance of public order and crime prevention.

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. Suspension of execution under Article 62 (1) of the Criminal Act (Considering circumstances, such as the fact that it is a contingent crime under the influence of alcohol, the fact that it does not commit a crime, and the fact that it does not have any past record of punishment exceeding a fine, etc.);