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(영문) 서울서부지방법원 2016.02.17 2015고단3048
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 02:40 on December 7, 2015, the Defendant d'D convenience store located in Seodaemun-gu Seoul Metropolitan Government, and d'D'. Around the convenience store, the Defendant received a request to the Defendant to return home from E and her slope F after receiving a report on the business owner of the convenience store. Around December 7, 2015, the Defendant took a bath to the said police officer: (a) “I am back to the Republic of Korea police station; (b) I would like to go home from her head, regardless of whether the police officer would do so; (c) I would like to go home, and (d) I received a request to the Defendant’s head once.

As a result, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the grounds for sentencing favorable to the reasons for sentencing] [the scope of recommendation] There is no person [the person subject to special sentencing] in the basic area (from June to January 1) of the Article 62(1) of the Act on the Suspension of Execution of Official Duties (the scope of recommendation] [the decision of sentencing] [the defendant recognized the crime of this case and divided his mistake], there is no record of criminal punishment exceeding the fine, and there is no record of criminal punishment, and the punishment shall be determined as the order, taking into account the various sentencing conditions shown in the argument of this case, such as the defendant's age, sexual behavior, environment, family relationship, motive, means and consequence of the crime, and

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