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(영문) 서울서부지방법원 2014.11.13 2014고단2663
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

1. On September 24, 2014, at the front of Yongsan-gu Seoul, Yongsan-gu, Seoul, the Defendant was urged by the Defendant to pay a taxi fee and return home from the police E belonging to the Seoul Yongsan Police Station D District Police Station, which was called out after receiving 112 a report that the Defendant did not pay a taxi fee, and obstructed the Defendant’s legitimate performance of duties by police officers on the handling of reports and criminal investigations.

2. In light of the date and time indicated in Paragraph 1, the Defendant was arrested as a flagrant offender committing an obstruction of the performance of official duties, and Seoul Won-ro 1 was arrested in front of the entrance door of the Seoul Yongsan Police Station in 24 Doz., the Defendant refused to enter the police station, and deemed the Defendant “pacting” to the above police E while refusing to enter the police station. On the hand floor, the Defendant took one time the E her bucks at one time, and obstructed police officers’ legitimate performance of duties regarding criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to CCTV image data;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Act (see, e.g., circumstances to be considered as the reason for sentencing) of the suspended sentence [the scope of the recommended sentence] There is no basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (the execution of official duties) [decision of sentence] of the defendant's criminal act of this case is as above. The sentencing guidelines for the criminal act of this case are as follows. In light of the fact that the defendant under the influence of alcohol prices several police officers who wear the uniform without justifiable reasons, and the crime of this case interfering with the execution of official duties is not good, the defendant is selected to be sentenced to imprisonment. However, the defendant is caused by this paper

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