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(영문) 서울서부지방법원 2014.10.28 2014고단2217
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

On August 10, 2014, at around 20:40, the Defendant asked about the background D belonging to the Eunpyeong Police Station C commander of Eunpyeong Police Station, the details of the report, etc. sent by the Defendant after receiving 112 a report that the tenants had broken the glass in front of Eunpyeong-gu Seoul, Seoul, and the Defendant asked about the details of the report, etc., “I would like to see the Defendant’s hand by the foregoing E, who was on the part of the defect that was about to take the head of the above D, i.e., she was born from the HD, and she would have cut off the Defendant’s hand.

Although the Defendant continued to act as his hand against the above D, D attempted to drive a bridge due to his hand, D had been avoided.

Accordingly, the defendant assaulted police officers to interfere with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of E;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Act (hereinafter the reasons for the suspended sentence) of the Act on the Suspension of Execution [Scope of Recommendation] The basic area (6 to 1 year and April) of the obstruction of performance of official duties (the execution of official duties) / [decision of the sentence] the defendant has already been punished several times due to violent crimes, but he committed the crime of this case and committed violence against the police officer although he had already been punished several times due to violent crimes, his mistake is divided; there is no record of being sentenced to a fine exceeding a fine since 2004; the defendant's age, character, character, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and all of the sentencing conditions in the arguments and records of this case shall be determined as ordered by the order.

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