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(영문) 서울동부지방법원 2014.10.17 2014고단980
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

At around 23:40 on April 15, 2014, the Defendant: (a) served in front of Songpa-gu Seoul, Songpa-gu, Seoul, on the ground that the slopeD, a police officer belonging to the Seoul Song Police Station C District, dispatched to the site after receiving a report of 112 that the customer frights, would have come home to the Defendant’s happiness; and (b) served as the face “I kh as soon as you are.”; (c) sealed the face of the said D; and (d) assaulted the flap with his hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports and maintenance of order by police officers.

Summary of Evidence

1. Each legal statement of witness D and F;

1. Application of the police statement law to D;

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. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation ]: The basic area of the obstruction of performance of official duties (two months to one year and four months of imprisonment): [Determination of sentence] No person shall be sentenced. [Determination of sentence] In light of the mode and content of the instant crime, degree of assault, etc., the fact that the nature of the crime is not less complicated is disadvantageous to the defendant.

On the other hand, the fact that the defendant supports the family is favorable to the defendant.

In this context, the conditions of sentencing, including criminal records, ages, character and conduct, family environment, etc. of the defendant, shall be comprehensively taken into account, and the punishment shall be determined as ordered in consideration of the recommended sentencing guidelines of the Supreme Court

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