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(영문) 서울북부지방법원 2014.12.11 2014고단3303
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On August 28, 2014, around 00:10 on August 28, 2014, the Defendant recommended E, a police officer belonging to the above police box, to go out of the police box, on the grounds that the Defendant, who was carrying the friend of the friend, who was being examined by the said police box, was threatening E, etc., who was a police officer, to go out of the police box, and threatened E, etc. to the same effect that E, etc., attempted to go out of the Defendant’s friendship and go out of the police station, and interfere with the legitimate execution of duties by the police officer in relation to the maintenance of order of the police box by pushing the body of E, etc. by hand, while threateninging E, etc. to the same effect.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The reason for sentencing under Article 136(1) of the relevant Article of the Criminal Act regarding the crime lies in the process of arresting the criminal defendant's relative, who is arrested on the charge of the crime and escorted to a police station via a police box. The defendant's sentence shall be imposed on the defendant in light of the following: (a) the police officer in charge takes a bath to the police officer in charge; (b) threatening him on the ground of his relative with the National Assembly member; and (c) the police officer's body was pushed away to the police officer in charge in order to prevent or block the escort; (d) the crime was very poor; and (e) the criminal police officer who was punished for the same or similar crime

However, the punishment shall be determined in consideration of the fact that the defendant has shown an attitude to reflect on the confession of the crime in this court, the fact that the defendant has committed a contingent crime while in action, the degree of interference with official duties, the age of the defendant and family relations, and all the sentencing conditions in arguments.

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