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(영문) 서울북부지방법원 2015.03.26 2014고단4675

공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant, around 01:00 on October 26, 2014, at “D” entertainment tavern located in Gangnam-gu Seoul Metropolitan Government, the Defendant: (a) stated that “D” entertainment bars located in Gangnam-gu, Seoul; (b) 112 of the police box affiliated with the police box affiliated with the Seoul Gangseo-gu, Gangnam-gu, Seoul, and the police box, who called out after having been reported the 112 report, were to confirm the circumstances of the instant case, and carried out the FF’s chest by hand.

Accordingly, when the above G was prevented the Defendant, the Defendant assaulted the Defendant, such as having the chest of G with his hand, intending to take the face of G by drinking, thereby obstructing the police officer’s legitimate execution of duties concerning crime prevention and suppression.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of each police statement related to F and G;

1. Application of H’s written Acts and subordinate statutes;

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

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

1. The reason for the sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] : Where the degree of obstruction of performance of official duties (one year or four years) is serious (the person under special supervision) : Imprisonment with prison labor for one year, two years of suspended execution, probation, and community service order has a record of 14 times or punishment due to violence, etc.; the defendant, upon receiving the 112 report, takes violence against the police officer under his call, and takes violence, and exercises force, such as driving the police officer away from the door to the door to the door to the door to the door to the door to the door to the door to the door to the door to the door to the door to the door to the door to the door to the door to the door to the door to the door to the door to the door to the door to the door to the door to the door to the door to the door to the door to the door to the door to the door to the door to the end to the end to arrest the police officer.