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(영문) 서울중앙지방법원 2013.04.24 2013고단1330
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 March 17, 2013, at around 01:06, the Defendant: (a) sent to the Seocho-gu Seoul Seocho-gu Seoul Police Station that received a report that he was under the influence of alcohol at the front of the said police box, and (b) sent it to the said police box, and (c) sent it to the said D, stating that “I amblings, scams, scams, and scams,” which read “I amblings, scams, scams, scams, scams, scams,” and assaulted twice, thereby obstructing the police officer’s legitimate performance of duties concerning the duties

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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 (Consideration of the suspended sentence);

1. The reason for the sentencing of Article 62-2 of the Probation Criminal Act (the decision of the type of punishment) is that there is no obstruction of performance of official duties or coercion of duties [the scope of punishment by recommendation] [the scope of sentence by recommendation] 6 to 1 year and 4 months in basic area ] 8 months in imprisonment with prison labor ] 8 months in prison, and 2 years in suspended execution 2 years in consideration of the fact that the defendant committed another crime even though he had been sentenced to a fine twice in the last 3 years, the crime is not easy but the crime is committed again. Meanwhile, the defendant committed a contingent crime in the drunk, committed a contingent crime at the time of detention, and reflects in depth the mistake during the period of detention, there is a family member to support, taking into account the motive for the crime, circumstances after the crime, Defendant's age, character and conduct, environment, etc., and the sentencing

It is so decided as per Disposition for the above reasons.

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