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(영문) 서울남부지방법원 2015.05.29 2015고단1094
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

On March 27, 2015, at around 00:35, the Defendant: (a) expressed that the Defendant was asked to pay the taxi fee from C in the situation where C was affiliated with the Seoul Gangseo-gu Police Station B District, which was called out after receiving a 112 report that the Defendant did not pay the taxi fee in front of the exit of Yangcheon-ro 341, Yangcheon-gu, Seoul, Seocheon-gu, Seoul, Yangcheon-gu, 341; and (b) assaulted the said C’s chest on one occasion in drinking.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning 112 reported handling duties by police officers in uniform.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes of D;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] There is no basic area (6 months to one year and four months) of the obstruction of performance of official duties (the decision of the sentence] [the decision of the sentence] The degree of assault cannot be deemed severe. The defendant is in depth divided his/her mistake, the defendant's health seems to be difficult to reduce his/her life, and the execution of the sentence will be suspended by setting the sentence as ordered within the scope of the recommended sentence in consideration of all the sentencing conditions, including the defendant's age, character and behavior, environment, and circumstances after the crime.

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