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(영문) 서울동부지방법원 2014.07.22 2014고단1740
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 02:08 on April 16, 2014, the Defendant sent to the “C” entertainment tavern located in Chungcheong City B as an issue of his employee and drinking value. Around 02:08, the Defendant expressed that “C” entertainment tavern, a police officer belonging to the Chungcheong Police Station D Zone D District, dispatched upon the 112 report, arbitration of the above trial expenses and return to the police, defect that the police officer did not resolve as he wishes, and expressed his objection that “I want to take how much he would receive,” and used the above E’s body sealed, and assaulted the above F’s body at the right side of the F, thereby walking once.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on handling reports and maintaining order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of the Act and subordinate statutes to the investigation report (12 pages);

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

1. Persons who are in the basic sphere of the obstruction of performance of official duties (from June to January 4): Where the degree of violence, intimidation, and deceptive scheme is insignificant / Where there are many public officials who have suffered damage;

2. Determination of sentence shall be made as ordered in full view of the following circumstances: (a) the Defendant’s decision of sentence is against the Defendant; (b) appears to be a contingency crime committed under the influence of alcohol; and (c) the damage therefrom is not significant; and (d) the Defendant’s age, character and conduct, environment, the background and consequence of the instant crime; and (c) the

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