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(영문) 서울남부지방법원 2015.05.13 2015고단998
공무집행방해등
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

At around 04:10 on January 25, 2015, the Defendant: (a) arrested the Defendant as a flagrant offender on the face of Gangseo-gu Seoul, Gangseo-gu, Seoul, on the grounds of the suspicion of assaulting the Defendant’s wife from the circumstances surrounding the police box of the Seoul Gangseo-gu Police Station; (b) spiting the Defendant’s wife once on the face of the said E in the patrol vehicle (Gangwest53); and (c) spiting the fright of the police; and (d) “I am the end of the present time, I am the fright of the fright of the police; (b) I am the fright of the fright of the patrol vehicle.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of police officers' order and suppression of crimes, and damaged things used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Damage photographs;

1. Application of each police protocol of statement to E and F;

1. Relevant Article 136(1) of the Criminal Act; Article 136(1) of the Criminal Act; Article 141(1) of the Criminal Act; the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The last sentence scope according to the aggravation of multiple offenders who have no ground for sentencing of Article 62-2 of the Social Service Order Act / [Scope of Recommendation] No ground for sentencing of Article 62-2 of the Criminal Act / [Scope of Recommendation] No ground for obstruction of Performance of Official Duties / [Scope of Recommendation] No ground for invalidation and destruction of public goods / [Scope of Recommendation] No ground for invalidation and destruction of public goods / range of punishment / range of final sentence according to the aggravation of multiple offenders / [No special person] No ground for punishment : six months to two years / [Determination of Sentence]; Defendant’s age, character and conduct, circumstances after committing the crime, etc.; Defendant’s age and all of the sentencing conditions shown in the records and arguments of this case, including the circumstances after committing the crime, shall be punished by imprisonment with prison labor for six months on condition of providing community service.

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