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(영문) 서울북부지방법원 2015.12.23 2015고단3644
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 28, 2015, at around 22:47, the Defendant: (a) brought an action against the Defendant, such as “Abread female under the influence of alcohol, she was using on the road” in front of Dobong-gu Seoul Metropolitan Government on the street, following the 112 report, the Defendant tried to open a door to the Defendant’s house (Seoul Dobong-gu E) in the vicinity of the Defendant’s house in order to have the Defendant safely returned to the Defendant who was taken up by the police box of the Seoul Dobong Police Station C (Seoul-gu) who was sent back after receiving the 112 report, but the Defendant failed to open a door due to the lack of key, thereby failing to open the door.”

In order to support the reported case, the Defendant continued to go to the scene by the F of the police box affiliated with the same police box, and continued to escape the disturbance as above, and the Defendant heard the horses from the above F that “We need to cut off the liquor tax by lowering the night voice,” followed by breaking the above F’s work clothes on his hand, thereby falling off the rank leader attached to the shoulder shoulder, and assaulting the said F’s her f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s

As a result, the defendant interfered with legitimate execution of duties concerning the protection of police officers' body and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement of the G production;

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

1. Article 136 (1) of the Criminal Act applicable to the crimes;

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

1. The scope of applicable sentences by law: Imprisonment for one month to five years; and

2. Application of the sentencing guidelines (amended by July 1, 2015) (the scope of recommending punishment) (the scope of punishment for the obstruction of performance of official duties) to the basic area (six months to one year and four months) of the obstruction of performance of official duties (the person who has been specially punished).

3. The defendant who has been sentenced to a fine for the same kind of crime, despite the fact that he/she had been sentenced to a fine, has again committed the crime of this case: Provided, That the defendant confessions and reflects the crime, and the circumstances after the crime of this case, are as follows.

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