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(영문) 서울북부지방법원 2015.04.24 2015고단324
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 January 17, 2015, around 03:30 on January 17, 2015, the Defendant reported 112 that the employees would be threatened by threat when the employees were able to return home from the “D” house located in Gangnam-gu Seoul Metropolitan Government.

The Defendant, upon receiving the above 112 report, heard the statements of the Defendant and his employees, explained the procedure after explaining the procedure to the Defendant and soliciting him to return home, and assaulted the police officer to board the patrol vehicle for other duties, such as the defect in the direction of the above F, the obstruction of the front of the said F, the 112 report duties by assaulting the F’s arm and the f’s knife and smuggling, thereby obstructing the police officer’s legitimate performance of duties concerning the duty

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of the G’s written Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] The case where the degree of violence, intimidation, and deceptive scheme (a person who has been specially mitigated) is minor in the mitigation area (one to eight months) of the obstruction of performance of official duties (a person who has been subject to special mitigation) / In light of the fact that the defendant has three times (one time of suspended sentence of imprisonment, one time of suspended sentence of imprisonment, and two times) of the same criminal act as the same criminal act, the defendant should be sentenced to a severe punishment. However, the defendant is seriously against the defendant, and the victim is also subject to the defendant's death, there are reasons for taking into account the circumstances of the crime, the defendant's family relation, and economic situation, etc., the sentence shall be determined as per the order.

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