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(영문) 서울서부지방법원 2015.02.04 2014고단2896

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. The Defendant of the obstruction of performance of official duties: (a) around October 24, 2014, around 22:40, the Seoul Yongsan-gu Seoul Metropolitan Government 112 reported that the main customer was satis at the 112th floor; and (b) carried out a fighting match by the slope D of the Seoul Yongsan-gu Seoul Yongsan Police Station C police box, which was called out, and the Defendant, who was out of the main shop, again satisfing into the main shop, interfered with the police officer’s legitimate performance of duties concerning the handling of the 112 reported case.

2. Around October 25, 2014, around 00:20 on October 25, 2014, the Defendant was arrested as a flagrant offender for the same reasons as paragraph (1) at the Punishment of the Yongsan Police Station and the office of Yongsan-gu Seoul Yongsan-gu Seoul, Yongsan-gu, on the same basis as that of paragraph (1), and publicly insultd the victim F with a large voice that “Chewing franch, bitch, bitch, bitch, bitch, bitch, bitch,” which read the victim F.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. E statements;

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Articles 136 (1) and 311 of the Criminal Act of the relevant statutory provisions concerning criminal facts;

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

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act are as follows: (a) the overall sentencing conditions shown in the arguments in the instant case, such as the Defendant’s age, character and conduct, and environment; and (b) the recommended sentence specified in the sentencing guidelines shall be determined by comprehensively taking into account

The Defendant recognized all of the instant crimes and is in profoundly against the Defendant.

B. On August 20, 2012, the Defendant was sentenced to a fine for assault by the Seoul Western District Court on four occasions.

C. The balance of recommendations set out in the sentencing guidelines (1) The crimes of obstruction of the performance of official duties [the scope of recommendations] shall be type 1 of the obstruction of the performance of official duties.