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(영문) 서울중앙지방법원 2014.12.19 2014고단8212

특수공무집행방해

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

On October 24, 2014, at around 23:50, the Defendant was subject to control from the F officer of the E box, who was in front of D’s building located in Jung-gu Seoul, Jung-gu, Seoul. On October 24, 2014, the Defendant was subject to a notice of violation of the Punishment of Minor Offenses Act at the E box located in the same Gu G around 00:03 on October 25, 196, and when the Defendant was subject to the said police officer’s notice of violation of the Punishment of Minor Offenses Act, the Defendant committed assault, such as the police officer to whom the instant police box belongs and the slope I, of the instant police box, that the Defendant was frighted, so that the relevant police officer was frighted, and was frighted so that he was faced with the windows inside the police box and frighted with the glass wave.

Accordingly, the defendant has obstructed the police officer's legitimate execution of duties concerning the control of crime by using the police officer's disease, which is a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. The second prosecutor's protocol of examination of the accused partially;

1. Statement made by the police of the F;

1. On-site photographs;

1. Application of Acts and subordinate statutes to each investigation report (Evidence records, pages 28, pages 38);

1. Article 144 (1) of the Criminal Act concerning the crime concerned (the point of obstruction of special performance of official duties);

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

1. Selection of imprisonment with prison labor chosen;

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

1. The reasons for sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] are as follows: (a) the special aggravation area (one to six years of obstruction of performance of official duties) (one-year), the special aggravation area (one-year), the threat of group or multiple force or carrying dangerous things (one type), the decision of sentence is against the defendant (one type); (b) the result of injury to the crime of this case does not occur; and (c) the defendant has no criminal records of the same kind exceeding fine. It is so decided as per Disposition for the above reasons.