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(영문) 서울동부지방법원 2014.01.16 2013고단2946
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 November 10, 2013, at around 00:18, the Defendant: (a) on the street in front of the 4th exit area of Seongdong-gu Seoul Handong-gu 7-ro 5-ro, Seongdong-gu, Seoul, the Defendant returned home to the Defendant by a slope D affiliated with the Seoul Sungdong Police Station C commander of the Seoul Sungdong Police Station, who was called on the site after receiving a report of 112 during the community bus articles and the trial patrols; (b) however, the Defendant was able to display a mountain fright, which was cited as the “flusium, flusium, flusium, flusium, flusium, flusium, flu

Accordingly, D arrested the defendant as a flagrant offender in the obstruction of performance of official duties and called "to promptly ask the defendant on the back seat of the patrol vehicle", and added D's left side bucks by hand.

The Defendant assaulted D and interfered with the police officer’s report processing and lawful execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of partial police officers of the accused;

1. Application of Acts and subordinate statutes concerning D police statements;

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 under Article 62-2(1) of the Criminal Act of the Probation Order is that the defendant repents his mistake, the defendant was punished for the same kind of crime, but there is no record of crime after being punished by a fine of KRW 2 million for the same crime of obstruction of performance of official duties on August 3, 1998, and all other circumstances constituting the conditions for sentencing as shown in the records, such as the degree of damage to the police officer from other harm, the defendant's age, character and conduct, environment, family relationship, occupation, etc., shall be comprehensively

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

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