(영문) 서울동부지방법원 2014.06.03 2014고단926

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(영문) 서울동부지방법원 2014.06.03 2014고단926

공무집행방해

Text

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

At around 02:30 on February 10, 2014, the Defendant was arrested as a flagrant offender on the ground that he assaulted D while drinking alcohol together, and was waiting for the Defendant at the Seoul Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City Gwangjin-gu) on the ground that he flapsed D, and obstructed the disturbance, such as “Ye, Chewing flascing, flascing, and huming the flascing,” and collected the flag from E, who was a police officer belonging to the Seoul Gwangjin-gu Seoul Special Metropolitan City Police Station C commander where he was working at that place, and assaulted by flaping his flabbbbs and backs and backs.

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the situation of police boxes and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. E statements;

1. Application of the photographic Acts and subordinate statutes;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Basic sphere of the types of obstruction of performance of official duties (in the case of coercion of performance of official duties) (6 months to 1 year and 4 months); and

2. Determination of the sentence of imprisonment with prison labor in light of the fact that there are many kinds of records of violence against the defendant in the determination of the sentence of punishment, and that the defendant's attitude to act is not less than that of the defendant in this case, but the defendant is against the defendant, there is no same kind of power in the obstruction of performance of official duties, and no damage is serious, etc. shall be determined as ordered in consideration

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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