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(영문) 서울남부지방법원 2016.02.04 2015고단5272
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On October 4, 2015, around 04:37, the Defendant requested the police officer E of the Seoul Yangcheon Police Station D, who was called up after receiving a report from residents, to conduct an investigation by reason of his/her use as a place for weekly service, before the Seoul Yangcheon-gu Seoul Security Center, and was tried to open the door of the above Security Center for the reason that it was used only as a place for weekly service. On October 4, 2015, the Defendant requested the police officer of the Seoul Yangcheon Police Station D, who was called up after receiving a report from residents, to conduct an investigation. On the other hand, the police officer directed the police officer to another police box who was on duty without immediately commencing the investigation and served at once.

As a result, the Defendant interfered with the legitimate execution of duties of police officials on the handling of reports and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] [Article 62(1) of the Act on the Suspension of Execution of Official Duties: [The basic area of obstructing official duties: June to one year and four months [the person subject to special sentencing]] [the sentence] is determined] taking into account the details and degree of the crime in this case, the circumstances in which the defendant was found to have committed the crime in this case, the defendant's age, sexual behavior, criminal records, and all the sentencing conditions specified in the proceedings of the pleading in this case, such as the defendant's age, criminal records,

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

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