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(영문) 서울북부지방법원 2015.06.10 2015고단1178
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[Criminal Power] On January 16, 2013, the Defendant issued a summary order of KRW 1 million to the Seoul Northern District Court for the obstruction of performance of official duties.

【Criminal Facts】

On April 6, 2015, at around 05:18, the Defendant was arrested as a flagrant offender according to G during the process of the Seoul Dobong-gu Seoul Metropolitan Government Fabox, who was dispatched after receiving a report at around 05:35 on the same day, while drinking E and drinking, a workplace club, was under drinking at a 'D' restaurant located in Dobong-gu Seoul Metropolitan Government, and was fabling E and sphering off, etc.

On April 6, 2015, at around 06:20, the Defendant, while waiting to undergo an examination at the above police box located in Dobong-gu Seoul Metropolitan Government H, took a bath mutually with E, and avoided disturbance, the Defendant, who heard the horses from the above G, expressed that “the preparation of a statement” was “police sprinking” to the above G himself, who heard the horses, and sprinked the fransh of G, and went over on the flab on the flash.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and summary order Acts and subordinate statutes;

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;

1. The reason for sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] : The scope of balancing between the applicable sentences and recommended sentences for the basic area (six to one year and four months) of the obstruction of performance of official duties: June-1 and April / [Pronouncement Decision] crime of obstruction of official duties is a crime that undermines the function of the State by nullifying legitimate exercise of public authority, and thus, it is necessary to strictly punish the crime in order to establish the legal order of the State and eradicate the light of public authority. The defendant committed the crime in this case even though he had already been punished by a fine for the obstruction of official duties.

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