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(영문) 서울북부지방법원 2014.07.30 2014고단1754
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On February 20, 2014, the Defendant was sentenced to imprisonment for ten months with labor for a violation of the Punishment of Violences, etc. Act at the Seoul Northern District Court on February 20, 201, and is still under probation after the judgment became final and conclusive on February 28, 2014.

On June 13, 2014, around 00:30 on June 13, 2014, the Defendant, upon receiving a report that taxi passengers dispute in front of the bus stops in Nowon-gu, Seoul Special Metropolitan City, the Defendant tried to take away from the police officer D (32 years old) belonging to the Nowon Police Station C Zone of the Nowon Police Station called the Defendant, and was urged to return to the police officer without permission.

Accordingly, the police officer's 112 report work process and maintenance of order were interfered with the police officer's legitimate execution of duties on the ground that he stated that he "Ye, Chewing, and four grow up on the right side and back part of the above D," and he stated that he did not perform his duties on three occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Damage photographs;

1. Criminal records: Application of criminal records and investigation reports (prior records of suspension of execution of sentence, previous records of disposition and report on results of confirmation) Acts and subordinate statutes;

1. Article 136(1) of the Criminal Act applicable to criminal facts, Article 136(1) of the Criminal Act, the grounds for sentencing choice of imprisonment with prison labor are many criminal records, and the crime of this case is committed during the period of suspension of the execution of the sentence. Meanwhile, the defendant's sex and behavior, family relationship, motive, means and consequence of the crime, and all other circumstances, including the defendant's age, character and conduct, family relation, motive, means and consequence

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