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(영문) 서울남부지방법원 2015.02.04 2014고단1972
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

On May 24, 2014, at around 03:10 on May 24, 2014, the Defendant made a bath to employees at the “D” restaurant located in Geumcheon-gu Seoul Metropolitan Government, and took a 112 report while putting the pedal, and heard the horses that return to her house from the slope F belonging to the Seoul Geumcheon Police Station E-gu, Seoul, Seoul, and that f will return to her house, and f will take a bath that “this son, the bit of bitch bit of bitch, the same bit of bitch bit of bitch bitch, G Simba,” and f will take a f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement-related Acts and subordinate statutes to F;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the punishment for the obstruction of performance of official duties]. The punishment for the obstruction of official duties shall be limited to the punishment for the obstruction of official duties. The punishment for the obstruction of official duties shall be limited to six months to one year;

2. In order to establish the legal order of the country where the sentence of punishment was determined and eradicate the light of the public authority, there is a great need to punish the Defendant for the crime of obstruction of the performance of official duties in this case, and the Defendant has already been punished for the same kind of crime, and there is an unfavorable circumstance such as the fact that the Defendant was punished for multiple violent crimes

On the other hand, there are favorable circumstances, such as the confession of the instant crime, and the Defendant reflects his mistake, and the instant crime appears to have been committed contingent, and the Defendant has no record of gross criminal punishment heavier than that of qualification suspension.

The above circumstances and the defendant's age, character and behavior, environment, background, means and result of the crime, circumstances after the crime, and attitude in this court.

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