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(영문) 서울남부지방법원 2014.09.23 2014고단2820

공무집행방해등

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 21, 2014, around 18:30 on June 21, 2014, the Defendant, along with B, was able to avoid any disturbance, such as “E” operated by the victim D in Guro-gu Seoul Metropolitan Government, and the Defendant was able to take the part of the victim who was under the influence of alcohol in order to stop the Defendant, thereby taking the victim’s desire to “sprinking the Defendant,” and making the Defendant sprinking the Defendant into his hand.

Accordingly, the defendant conspireds with B to interfere with the operation of the victim's photographic library for about 10 minutes by force.

2. The Defendant, upon receiving the report of the above D at the time and place specified in paragraph (1), committed assault, such as cutting off the spath of H’s bat around the G District at the Seoul Guro-gu Police Station G District, and cutting off the spath of the spath, which continued leading to H’s top, and intending to H with fin, which was attached to the spath.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of each statute of the D and F

1. Relevant provisions of the Criminal Act, Articles 314(1) and 30 of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment for a crime;

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

1. Taking into account the following factors: (a) the victim D with reasons for sentencing under Article 62(1) of the Criminal Act does not want to punish a defendant; (b) the defendant appears to have committed the instant crime in a contingent manner under the influence of alcohol; and (c) the defendant has no history of criminal punishment exceeding a fine; and (d) the defendant has