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(영문) 서울북부지방법원 2015.09.24 2014고단4509

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 October 24, 2014, at around 02:40, the Defendant: (a) committed assault, such as the Defendant, who was under the influence of alcohol on the front side of the Hosung High School located in Nowon-gu Seoul Special Metropolitan City Nowon-ro 16-ro 2, in relation to the fact that the Defendant was under the influence of alcohol, and, upon receiving a report of 112, was returned to her home from D in the circumstances surrounding the Nowon Police Station C District of the Nowon Police Station called “Iskwon-gu Police Station: (b) the Defendant was under the influence of returning to her home from D, who was called “Iskin disease; (c) Madro, Madro, Madro, and human life.”

As a result, the Defendant interfered with the legitimate performance of duties concerning the handling of police officers' 112 reported duties and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Investigation report - Field conditions, etc. of the suspected person;

1. Application of the Acts and subordinate statutes governing suspect behavior photographs within the C District;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The scope of recommendations on the sentencing criteria [the scope of recommendations] shall be the basic area (two months of imprisonment to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties).

3. The sentence shall be determined like the order, considering the overall circumstances shown in the pleadings of this case, such as the defendant's age, family relation, and inclination, that the defendant is already repenting and reflecting his criminal conduct, that the defendant has no record of being punished as an obstruction of performance of official duties, that there is no record of punishment against the defendant, and that