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(영문) 서울남부지방법원 2015.11.12 2015고단4305
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

On September 26, 2015, at the front side of Yangcheon-gu Seoul Metropolitan Government on September 22:2:20, the Defendant: (a) reported that the Defendant was using a stourology, and (b) the Defendant demanded the Defendant’s personal information while controlling the Defendant’s s tourology, and (c) the Defendant was pushed down with the above D and E’s tourology on several occasions.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reports by D and E, a police official.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and E;

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 reason for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] Article 62(1) of the Act on the Suspension of Performance of Official Duties (Article 62(1) [Article 62(1) of the Criminal Act] There is no basic area (Article 6-1 and 4 months) [Article 6-1 of the Act on the Suspension of Performance of Official Duties] [Determination of Sentence] [Article 4(1)] (Article 62 of the Act on the Suspension of Execution of Duties] (Article 62(1) of the Act on the Punishment of Specific Crimes in light of the circumstances leading to the crime of this case, degree of damage, and the fact that the defendant has been punished five times due to violent crimes, but the liability

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