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(영문) 서울동부지방법원 2015.05.20 2015고단587

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 March 5, 2015, the Defendant, at the “C” store parking lot located in Gwangjin-gu Seoul Special Metropolitan City, on March 5, 2015, the Defendant: (a) received a report from a drunk person, and received a request for returning home from the head E belonging to the Seoul Madung Police Station D District D District E, Seoul, which called the “C” parking lot; and (b) received a call from the head E to die.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] The sentence of Article 62(1) of the Act on the Suspension of Execution shall be determined as per the disposition, taking into consideration all the circumstances, such as the following: (a) the basic area of the obstruction of performance of official duties (6-1 year and April), the basic area of the obstruction of performance of official duties (6-1 month) [decision of sentence] (decision of sentence] the defendant has been sentenced to a fine for