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(영문) 서울북부지방법원 2014.10.16 2014고단2458
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 2, 2014, around 23:42, the Defendant: (a) opened the entrance of the pertinent hospital in front of the D Hospital located in Seongbuk-gu Seoul, and obstructed the lawful execution of duties concerning the prevention of the police officer’s crime and the maintenance of order, etc. by assaulting the F on one occasion at the time of the F’s desire to read “if you find a bank, you have to contact” and the F sent out after receiving a report of 112 while getting out of the disturbance.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. The reason for sentencing of Article 62(1) of the Criminal Act is not good in light of the nature of the crime, and there is also a record of the same obstruction of performance of official duties.

However, the punishment shall be determined in consideration of the circumstances, such as the fact that it appears to be a crime during the commission of crime, the same criminal record is punished by a fine not later than eight years, and the defendant has no record of punishment exceeding the fine, and the fact that the crime is divided.

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