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(영문) 서울북부지방법원 2015.01.15 2014고단3234
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 21:40 on September 16, 2014, the Defendant: (a) expressed that “I will see her pregnant woman,” “I will see her statement about the situation from the denied F; and (b) expressed the Defendant’s desire to “I will see her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s her two son’s son’s son’s her two son

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. As to the police officers who are called to the scene and investigate the site after receiving a report on the reason for sentencing under Article 62(1) of the Criminal Act, the nature of the crime is not easy by committing the crime that obstructs the performance of official duties due to abusiveism or assault by the reporting person, by leading the accused who was identified as the suspect.

Although the defendant asserts that it is nothing more than a protest against the police officer's unfair performance of official duties, there is no reason to find any illegality or unjust in the police officer's performance of official duties, who was dispatched after receiving a report of a crime and attempted to grasp the situation.

However, the execution of a sentence shall be suspended in consideration of the circumstances, such as the first offender, the defendant appears to be a contingent crime, the degree of assault is relatively minor, the finding of a police officer immediately after the crime, etc., leading to the behavior that repenting the crime.

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