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(영문) 서울중앙지방법원 2014.07.17 2014고단4059
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 June 16, 2014, at around 17:35, the Defendant was under the influence of alcohol at the D convenience store located in Dongjak-gu Seoul Metropolitan Government, and received a report and requested a slopeF belonging to the Dongjak-gu Seoul Metropolitan Police Station E-gu Seoul Police Station E-gu, which performed patrol duty to shoulder and invalid the Defendant, and assaulted the above F’s left face at one time by drinking.

Accordingly, the defendant interfered with legitimate execution of duties of police officers' patrols.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

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

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. The reason for sentencing of Article 62-2 of the Criminal Act of the community service order [Scope of Recommendation] In the case where the degree of violence is minor (special mitigation) in the mitigation area (one to eight months) (special mitigation) of the mitigation area (one to one month), the degree of violence (decision of sentence] is not much serious, the punishment of imprisonment for four months shall be imposed, and its execution shall be suspended for 80 hours, and community service work shall also be ordered.

It is so decided as per Disposition for the above reasons.

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