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(영문) 서울서부지방법원 2015.11.27 2015고단2013
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 05:30 on July 31, 2015, the Defendant insulting C, a taxi engineer at the 14th century in Yongsan-gu Seoul, Yongsan-gu, Yongsan-gu, Seoul, called “(58 years of age)” and read “no matter how much the taxi rates have occurred or not,” and insulting C, on the ground that D’s taxi charges have occurred many times, the Defendant got out of the said D’s taxi charges. Accordingly, the Defendant heard the horses from F (35 years of age) to the effect that “the taxi rate was paid and she returned home,” who was dispatched after receiving a report from 112 on the ground that the Defendant got out of the said C’s taxi charges, and the Defendant got out of the upper floor of the said police station’s shoulder by hand.

As a result, the defendant assaulted police officers, thereby obstructing police officers' legitimate performance of official duties on handling 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. Application of Acts and subordinate statutes to photographs damaged;

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 ( considered as the following favorable circumstances):

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] The basic area (six months to one year and four months) of the obstruction of performance of official duties shall be considered as the violation of Article 62-2 of the Act (the decision of sentence] (the decision of a special person), and the violation under the influence of alcohol, etc.

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