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(영문) 서울남부지방법원 2015.10.23 2015고단3358
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

At around 23:40 on July 21, 2015, the Defendant: (a) expressed a 112 report in a singing room that he had employed a singing machine; (b) and (c) expressed a desire to “a defect in order for F to verify the content of the report that F of the E zone employed a singing machine in a singing room, the Defendant used the singular part of F to “Ding machine” in Gangseo-gu Seoul Metropolitan Government, and used the singular part of F to check that the singular part of the E zone employed by the singular part of F to check the singular part.”

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F and G;

1. A report on investigation;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to 112 Reporting List);

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

1. Reasons for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] There is no basic area (6 months to one year and four months) of the obstruction of performance of official duties [Judgment of sentence] The degree of assault cannot be deemed severe. The defendant is deeply divided and against his mistake in depth, the defendant has no record of crime after being sentenced to a fine for violent crime before 2006, and there is no other record of crime after being sentenced to a fine for the crime related to violence, taking into account the defendant's age, character and conduct, environment, and circumstances after the crime, etc., the sentence shall be set as ordered within the scope of the recommended sentence and the execution thereof shall be suspended.

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