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(영문) 서울동부지방법원 2015.01.06 2014고단3618
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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

On November 14, 2014, at least 22:43, the Defendant: (a) received 112 report from the Seongdong-gu Seoul Metropolitan Government 235-1 Enterprise Bank Branch; and (b) requested the police officer of the Seoul Sungdong Police Station B to leave the taxi; (c) “this sponse, sponse, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife knife, etc.; and (d) assaulted the Defendant by getting off from a taxi.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective laws and regulations of D and C;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Basic sphere of the types of obstruction of performance of official duties (in the case of coercion of performance of official duties) (6 months to 1 year and 4 months); and

2. Selection of imprisonment with prison labor in light of the fact that an act of violence is repeated within a short period of time in the determination of sentence, and the attitude of the crime in this case is not easy, but the defendant is against the defendant, and the punishment shall be determined as ordered in consideration of the fact that the defendant is not significantly damaged by the above crime;

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