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(영문) 서울북부지방법원 2015.07.08 2014고단1292
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 13, 2014, at around 00:02, the Defendant was arrested as a flagrant offender at the Cju branch located in Gangnam-gu Seoul Metropolitan Government, and was arrested as a flagrant offender to E by the police box belonging to the Gangnam-gu Police Station D police box.

On April 13, 2014, around 00:40 on April 13, 2014, the Defendant assaulted the face of the above E in a manner of one-time taking the face of the Defendant’s head into custody, thereby obstructing the police officer’s legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement to F and E;

1. Application of the photographic Acts and subordinate statutes;

1. The reason for sentencing of sentence under Article 136(1) of the Criminal Act, Article 136(1) of the choice of criminal punishment, the reason for sentencing of sentence for sentencing of imprisonment [the scope of recommendation] : The sentencing range compared with the sentencing range in the basic area (6-1-4 April) and the recommended range: June-1 and April : (a) the crime of obstruction of performance of official duties committed in June-1 and April ; (b) it is necessary to strictly punish the crime in order to establish the State’s legal order and eradicate the light of public authority because the crime of abusing legitimate exercise of public authority is the crime that undermines the function of the State; (c) the defendant has been sentenced to suspended sentence two times for the same criminal act; (d) the defendant has a lot of force; and (e) the defendant runs away without attending on the trial date after the crime of this case and has a bad situation after the crime of this case; and (e) the defendant shall be determined as the sentence as per the order.

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