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(영문) 서울북부지방법원 2015.06.10 2015고단1321
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On April 10, 2015, at around 00:45, the Defendant: (a) asked the police officer E, who was called to the site after receiving a report from the representative engineer C, who was sent to the site by the Defendant to avoid disturbance without paying the substitute driving fee; and (b) asked the Defendant about the circumstances of the instant case; (c) the Defendant saw E’s chest as the second hand, with the Defendant’s second hand, she saw E into several fingers; and (d) she saw E’s chest on the uniforms where E was put into a bath, and she spited five times in front and rear, after she spited E in front of the clothes where E was put into the front.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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 of Article 62(1) of the Criminal Act on the suspension of execution [Scope of the punishment of recommendation] The scope of the comparison between the sentencing range and the recommended sentencing range of the basic area (6-1-4 months) and the basic area (6-1-4 months): the crime of obstruction of performance of official duties committed in June-1 and April (a decision of sentence] is a crime detrimental to the State’s function by nullifying legitimate exercise of public power, 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.

However, the defendant's confession of the crime of this case, and his mistake is divided and reflected, and the defendant is the primary offender, and the defendant's age, character and behavior, environment, motive, means and result of the crime, and the circumstances after the crime are considered shall be determined as ordered by the order.

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