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(영문) 서울동부지방법원 2015.08.26 2015고단1945
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor 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

At around 00:40 on July 14, 2015, the Defendant informed that the police officer E belonging to the Seoul Dongdong Police Station Down Police Station, who called out after receiving 112 a report that the Defendant was not the Defendant, would be subject to the crime of refusal to leave, and if not, he expressed to the said police officer that he would be subject to the crime of refusal to leave, and that the police officer “I am going to go to know how much money would have been obtained.” The Defendant saw the above police officer to “I am to go to go to, and you am to get to go to, the money? I am to go to the police officer, and assault it, thereby obstructing the police officer’s prevention, suppression and investigation of the crime, public peace and order maintenance.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. The reasoning for sentencing of Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] In the event that the degree of violence, intimidation, and deception is minor in the area of special mitigation (one to eight months) (special mitigation) (special mitigation) of the obstruction of performance of official duties, it is decided as per Disposition in consideration of the following: (a) the fine is imposed for the same kind of crime; (b) the victim police officer is not wanting to punish the defendant; (c) the victim police officer does not want to be punished; (d) the victim does not have a minor assault; and (e) the victim does not have

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