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(영문) 서울남부지방법원 2014.11.05 2014고단3583
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 August 29, 2014, around 21:40, at the 39-lane 9-ro, Seocheon-gu, Seocheon-gu, Seoul Special Metropolitan City, 2014, 112 reported by the Defendant’s daily activities and 112, and met the reporter and the Defendant’s statement, the Defendant was off his own position, separated the c from the rab, and then tried to control the metal side by cutting off the rab, and then use the rabbbbbbs of the said D with his hand, and assaulted the above C, which he tried to stop the rabbbbs.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

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

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] In the case where the degree of assault, intimidation, and deceptive scheme is insignificant in the area of mitigation (one to eight months) (special mitigation) of the area of obstruction of performance of official duties (decision of sentence] [decision of sentence] the circumstances, such as the background, means, and method of the instant crime, the circumstances after the crime, the Defendant’s age and happiness environment, etc., and the conditions for sentencing under Article 51 of the Criminal Act, which are shown in the records and arguments of the instant case, shall be determined as per Disposition

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