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(영문) 서울동부지방법원 2014.11.27 2014고단3189
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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

On September 21, 2014, at around 21:30, the Defendant reported that he did not pay a taxi fee under the influence of alcohol in front of the Dong-gu Seoul terminal located in Gwangjin-gu, Seoul, Seoul, the Defendant heard the horses that he sent back from Magjin Police Station B District patrolman C, who was sent back, sent back to her home, pushed C’s chest on one occasion, pushed back his head, and her breast face on one occasion.

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

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of statutes on photographs of damage;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the sentence recommended by the sentencing guidelines [decision of types] Crimes of the obstruction of performance of official duties, and the basic area of the obstruction of performance of official duties [decision of the recommended area] [decision of the recommended area], six months to one year and four months; and

2. Determination of sentence shall be made in the same order, taking into consideration the following circumstances: the accused who made a confession and reflects the sentence; the accused has no record of being punished for the same kind of crime or of being punished exceeding the fine; the degree of assault as an contingent crime; and the age, character and conduct, occupation, intelligence and environment of the accused; the motive and background of the crime; the means and method of the crime; and other circumstances shown in pleadings, such as the circumstances after the crime, etc.

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