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(영문) 서울북부지방법원 2015.04.09 2015고단540
공무집행방해등
Text

A defendant shall be punished by imprisonment for four 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

At around 17:20 on February 7, 2015, the Defendant was asked about whether he assaulted C from the police officer E (the age of 58) belonging to the police officer of the Nowon Police Station D District called the Nowon Police Station, who was called out after receiving the Defendant’s 112 report due to the Defendant’s assault against C, in front of Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, on February 17, 2015, the Defendant assaulted the Defendant, “this sprinks, sludge, after being sprinked, sprinks, and sprinks at hand when she wishes to do so,” thereby obstructing the police officer’s legitimate performance of duties concerning the handling of reports by 112.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of C and E;

1. Application of C’s written laws and regulations

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the defendant again committed the crime of obstruction of performance of official duties, despite the fact that the defendant was sentenced to a two-year period of suspension of execution due to the crime of obstruction of performance of official duties, etc. at the Jung-gu District Court on October 5, 2009, and that the defendant did not agree with the victim, etc., which is disadvantageous to the defendant. However, the defendant is deeply divided into and against his own crime, and is against the defendant, the defendant has no record of criminal punishment until he commits the crime of this case after he was sentenced to a suspended sentence, and other circumstances shown in the argument of this case, such as the defendant's age, family relation, etc.

Public Prosecution Rejection Parts

1. On February 7, 2015, the Defendant, around 17:20 on February 7, 2015, tried to board a F taxi operated by the victim C (the age of 55) with the Korean Korean seat seat in Seoul Special Metropolitan City, Nowon-gu, Seoul, about 396, in front of the brick apartment, and the victim C (the age of 55), was unable to run a business in Seoul.

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