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(영문) 서울서부지방법원 2014.10.01 2014고단2219
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

At around 22:00 on August 10, 2014, the Defendant: (a) received 112 report at a restaurant in front of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, that the proprietor was seated; and (b) received the report, and (c) obstructed the police officer’s legitimate execution of duties concerning the handling of the 112 reported case.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of E;

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

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

1. The scope of the sentencing guidelines for recommendation [the scope of the sentencing guidelines] the basic area (six months to one year and four months) of the obstruction of the performance of official duties (the obstruction of the performance of official duties) (the scope of the sentencing guidelines];

2. Determination of sentence is not less than that of this case, and the punishment is determined as ordered in consideration of the fact that the defendant has the same criminal power, reflects the depth of the crime, age and character and conduct of the defendant, and all of the conditions of sentencing provided for in Article 51 of the Criminal Act;

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