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(영문) 서울북부지방법원 2014.10.23 2013고단3329
공무집행방해
Text

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

around 02:15 on December 5, 2013, the Defendant was punished for female-friendly job offering D and a dispute with D in front of the officetel in Gangnam-gu Seoul Metropolitan Government.

D Upon receiving the report of 112, the victim slope F of the Ecom box and the victim patroler G recommended the defendant to compromise with women's friend, and they committed violence to the victims, including “Chogene, police friend,” booming the victim G face, and booming the victim F to arrest the Defendant, respectively.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of order of the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to F and G;

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 sentencing under Article 62(1) of the Criminal Act, despite the past record of having been punished several times due to obstruction of performance of official duties and violence, etc., the crime of this case is committed again. The crime of this case is committed by the defendant while exercising violence against female-child organizations, with heavy nature of the crime in light of the circumstances and patterns of the crime, and the fact that the defendant escaped during the trial, but is detained after the escape: Provided, That the defendant is led to confession of and reflect against the crime, the defendant's desire to leave the defendant's wife, and all other factors of sentencing, such as character, conduct, environment, etc., shall be determined as ordered by the order.

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

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