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(영문) 서울서부지방법원 2015.06.11 2015고단420

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

except that 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 February 7, 2015, at the front of Yongsan-gu Seoul Special Metropolitan City around 02:15, on the grounds that C was bad for the Defendant, and the Defendant was arguinged with C on the grounds that C was bad for the Defendant, thereby obstructing the legitimate performance of duties regarding the arrest of a police officer by assaulting the Defendant, such as the police officer E, the police officer F, and the slope, who was called up after receiving the report 112 related thereto, and arresting the Defendant as a flagrant offender in the crime of assault, and carrying the Defendant on three occasions, knee of E, walking the kne of E, walking the kne of E, walking the kne, walking the kne of the F, walking the kne two times with his beam, and getting off G, etc., thereby obstructing the legitimate performance of duties related to the arrest of a flagrant offender.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. C’s statement;

1. Application of the Acts and subordinate statutes on the upper part of each body photograph;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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 made a confession of the instant crime and is in profoundly against the Defendant.

B. On September 12, 2007, the Defendant was sentenced to a fine on September 12, 2007 by the Seoul Central District Court for a violation of the Road Traffic Act, and has been punished twice.

(c) Category 1 (Obstruction of Performance of Official Duties and Compelling of Duties) (1 to 4 years) of the aggravated area (1 to 4 years) (1 to 1) of the Act on the Improvement of Performance of Official Duties) as set forth in the sentencing guidelines (1 to 1).