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(영문) 서울서부지방법원 2014.08.27 2014고단888
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 12, 2014, around 03:53, the Defendant was arrested as a flagrant offender and escorted to the patrol lane by committing an act of assaulting E in front of the D District Zone located in Mapo-gu Seoul, Mapo-gu, Seoul, and the Defendant removed F F’s gate, which the police officer belonging to the said patrol zone would get off to the Defendant.

계속하여 피고인은 그 지구대 안에서 술에 취해 E에게 다가가 위협하고 이를 본 F이 피고인을 제지하자 “좆밥들아, 지랄하고 있네.”라고 욕설을 하며 몸으로 F의 몸을 밀치는 등 경찰공무원의 현행범체포 및 범죄예방 등에 관한 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to F and E;

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

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act are as follows: (a) the overall sentencing conditions shown in the arguments in the instant case, such as the Defendant’s age, character and conduct, and environment; and (b) the recommended sentence specified in the sentencing guidelines shall be determined by comprehensively taking into account

The Defendant recognized all of the instant crimes and is in profoundly against the Defendant.

B. On July 24, 2013, the Defendant was sentenced to a fine of two million won by the Changwon District Court for the crime of injury and has been punished on six occasions.

C. The Defendant did not have the power to be punished for obstruction of performance of official duties in the past, but the Defendant selected imprisonment in consideration of the fact that most of the punishment power is caused by drinking and violent inclinations, and the execution of the sentence is suspended in consideration of the fact that the degree of assault to police officers is not hot.

The sentencing guidelines set forth in the sentencing guidelines [Scope of Recommendation] The basic area (6 to 1 year and 4 months) of the obstruction of the performance of official duties (in the event of the obstruction of the performance of official duties)

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