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(영문) 서울서부지방법원 2014.08.27 2014고단1446
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On May 27, 2014, at around 20:25, the Defendant: (a) asked the circumstances of the case E belonging to the Seoul Western Police Station D District of Seoul Western Police Station, who was called up after receiving 112 a report that the principal offender frights abrut in C E in Eunpyeong-gu Seoul, and asked the said E about the circumstances of the case; and (b) interfered with a police officer’s legitimate performance of public duties concerning the handling of the reported case 112 report.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E police statement;

1. Application of the F and G Acts and subordinate statutes;

1. Grounds for sentencing under Article 136 (1) of the Criminal Act with respect to the relevant criminal facts;

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. It is not good to commit the instant crime, but there are many criminal records against the Defendant regarding the punishment of the instant crime, because the police officer who is performing a decision on sentence of sentence was assaulted.

On the other hand, considering all of the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the confession and reflect of the crimes committed by the defendant, the fact that there has been no special penalty power for the last ten years, the degree of damage is relatively minor, the age and character of the defendant, etc., the punishment as ordered shall be

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