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(영문) 서울북부지방법원 2015.06.17 2015고단588
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 02:40 on January 18, 2015, the Defendant: (a) 50-way in front of the National Bank of Seongbuk-gu, Seoul, Seongbuk-gu; (b) 112-way in front of the National Bank of Korea, in front of the 20-day-ro, Seongbuk-gu, Seoul, North Korean Police Station D Zone E, which was called by the Defendant and served as a taxi engineer, attempted to arrest a flagrant offender at the above-mentioned D Zone C and to board the patrol vehicle. The Defendant saw that “I have been the police so far as I would like to do, I would like to do so, I would like to do so, I would like to see that I would like to see the above E’s left side of the bridge by walking the fat, and, as I would like to see the fat of the face of the said F.

As a result, the Defendant assaulted the police officer E and F with legitimate execution of duties related to crime prevention and suppression, and interfered with the execution of their duties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to G, F, and E;

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

1. Grounds for sentencing under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

2. Application of the sentencing guidelines (amended by October 1, 2014) (the scope of recommendation) (the scope of punishment for the obstruction of performance of official duties) to the basic area (six months to one year and four months) of the obstruction of performance of official duties.

3. The Defendant, who had no record of criminal punishment before the sentence was sentenced, confession and reflect on the instant crime, and the sentencing factors indicated in the records of the instant case, such as the background, mode, circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, shall be determined as ordered by taking account of all the factors of sentencing indicated in the records of the instant case.

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

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