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(영문) 서울서부지방법원 2016.05.11 2015고단1775
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 20, 2015, the Defendant: (a) within 112 reporting that “Scark Children’s Park in Mapo-gu Seoul, Mapo-gu, 21-3, 19-3,” and that “the Defendant has a male who seems to have forced sexual traffic”; (b) the police officer of the Seoul Mapo-gu Police Station C District Police Station, the Defendant sent to the Defendant after receiving a report from 112, and sought to hear the statement against the Defendant and identify the Defendant; and (c) whether the Defendant’s “Isson’s fault;

A bath-gu, "Wook", and a 10-minute flab, such as flabing a flab, and flabing a flab by flabing a flab and flabing a flab.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the dispatch of report and the handling of the case by police officers.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the police against D;

1. The defendant and his defense counsel did not contain a 10-minute-spath of flab, etc. with the Defendant’s flabing of d's flab, which is the police officer, and the Defendant’s flabing of d's flab was committed in the process of unlawfully arresting the Defendant and resisting the Defendant, and the act of D's act was committed in the process of resisting the Defendant. Thus, according to the evidence duly adopted and investigated by the court, the defendant was found to have obstructed the police officer’s legitimate execution of duties, as stated in the above criminal facts, and there is no other evidence to acknowledge the defendant’s and his defense counsel’s assertion).

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) is [the scope of recommendation] the basic area (from June to January, 1) of Article 62(1) of the Act on the Suspension of Execution (the grounds for sentencing) (the grounds for sentencing) (the grounds for obstructing the performance of official duties and coercion of duties) (no person subject to special sentencing] [the decision of sentencing] is the primary offender, the defendant was detained for at least two months, and the defendant's age, sex, environment, motive for crimes, and motive for crimes.

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