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(영문) 서울서부지방법원 2014.10.16 2014고단2252
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 August 11, 2014, at around 16:50 minutes, the Defendant, at around 16:50 minutes, sent a report in front of Yongsan-gu Seoul, to the effect that “a drunk person takes part in the street,” 112, the Defendant obstructed a police officer’s legitimate performance of duties concerning the handling of 112 reporting duties, on the ground that a police officer, who was a patroler of the Seoul Yongsan-gu Police Station Diplomatic Police Station, was able to break up the Defendant, who was diving by E, with the notification of 112 to the effect that “a drunk person takes part in the street.”

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of F’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. Reasons for sentencing under Article 62 (1) of the Criminal Act ( Taking into account all the circumstances, such as the violation of the person's wrongness, and the absence of criminal records) of the suspended sentence [Scope of the recommended sentence] The basic area of the obstruction of performance of official duties (6-1 year and April), the basic area of the obstruction of official duties (6-1 year and April), six months of imprisonment and one year of suspended sentence;

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