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(영문) 서울중앙지방법원 2014.10.22 2014고단6193
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

Around 07:50 on July 16, 2014, the Defendant: (a) instructed the Seoul detention center and the police patrol team member B to return the said engine-learning sport without the correctional officer’s permission at the first 10th floor of the Seoul detention center, which was fluenched by a fluenching fluenched fluenched 143, in order to collect the above B, and “I am flue, I am from flue, I am flue,” and “I am flue, I amth because I flue, I am flue, I am flue, I ambly, and I am am on the street.”

Accordingly, the defendant interfered with the legitimate execution of duties of prison officers on the control of basic order of detention houses.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made against B, C, and D;

1. Ethical letters;

1. Application of Acts and subordinate statutes to investigation reports (the evidence photographs of modified articles without permission of a suspect);

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

1. The reason for the sentencing of Article 62(1) of the Criminal Act (the reasons for the sentencing as set forth below) of the suspended sentence [the scope of the recommended sentence] There is no basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (the decision of the sentence] [the nature of the crime that is threatened to a correctional officer during the unconvicted confinement in the detention house] [the decision of the sentence] is not good. Meanwhile, there is no criminal conviction of the defendant, and there is no criminal conviction of the defendant, and other various circumstances that are conditions for the sentencing as set forth in the instant case such as the defendant's age, character and behavior, character and environment, intelligence and environment, motive, means and consequence of the crime, etc.

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