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(영문) 서울북부지방법원 2015.10.07 2015고단2410
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

On June 26, 2015, at the main point of “C” located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, around 02:50, the Defendant: (a) when the Defendant received 112 reports on the occurrence of fighting with another customer; and (b) received the aforementioned fighting from the slope E, etc. belonging to the D District Unit of the Seoul Nowon-gu Police Station D District, Nowon-gu, Seoul; (c) served the said E as a son by taking a bath, such as “a dog, chron,” and pushed the said E’s chest.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the F Statements;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences by law: one month to five years; and

2. Where the sentencing guidelines (the scope of recommending punishment on July 1, 2015) apply (the scope of recommending punishment) are minor as the mitigation area (one month or August), mitigation area (special mitigation person), assault, intimidation, and deceptive means are minor;

3. The sentence shall be determined as ordered by taking into account the following factors: (a) the Defendant’s decision to sentence reflects the offense and makes efforts to avoid repeating the offense, such as alcohol treatment; (b) there is no past record of punishment for obstruction of performance of official duties; (c) the degree of assault is not serious; and (d) the circumstances, attitudes, circumstances after the offense, the Defendant’s age, character and conduct, and environment, and the sentencing factors appearing in the records of this case, such as the background

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

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