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(영문) 서울북부지방법원 2015.08.12 2015고단1887
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On May 31, 2015, at around 10:30, the Defendant: (a) reported on May 10, 2015, 67:67-gil-ro 14, Dobong-gu, Seoul, on the rear door of the Korean Racing Association, 112, and assaulted the victim who was divingd on the way of the route C belonging to the Dobong Police Station B District of Seoul Dobong Police Station, and the police officer D on one occasion; (b) the victim was satisfing on the left side of the said C; (c) the satfing of the satch of the said D on one occasion as a satch; and (d) the Defendant assaulted the face of the said D on six occasions as a drinking, and knee on one occasion as a satch.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reports and the maintenance of order by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and D

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

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 of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] The scope of balancing between the applicable sentencing range and the recommended sentencing range (6-1-4 months) of the basic area (6-1-6 months) of the obstruction of performance of official duties: the crime of obstruction of official duties committed in June-1 and April (the decision of sentence] is a crime that undermines the function of the State by nullifying legitimate exercise of public authority, and thus, it is necessary to strictly punish the crime in order to establish the legal order of the State and eradicate the light of the public authority.

However, the fact that the defendant committed the crime of this case, who is dissatising and opposing his mistake, and that there is only two times of fine, the defendant shall be sentenced to punishment as ordered in consideration of the defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, etc.

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