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(영문) 서울남부지방법원 2014.12.16 2014고단4254
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, 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 6, 2014, at C convenience stores located in Gangseo-gu Seoul Metropolitan Government on April 6, 2014, around 03:45, the Defendant: (a) committed assault by the victim E, who is a police box belonging to the Gangseo-gu Police Station D police station that was dispatched to the site after having been reported 112, to have five persons, such as a victim E, who is a staff member of convenience stores, and F, etc.; (b) bitch, bitch, bitch, franch, franch, franch, franch, franch, and franch, franch, and so on.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in the act of committing an offense, and openly insultd the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of F’s written statements to statutes;

1. Relevant Articles 136(1) and 311 of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Determination of the same sentence as the order within the scope of the sentencing guidelines for the crime of obstruction of performance of official duties (where the degree of violence, intimidation, and deceptive scheme, which are minor, is minor in consideration of the types of punishment 1 (in the case of the obstruction of performance of official duties and the mitigation area (one to August), the degree of special mitigation, and the degree of violence, intimidation, and deceptive scheme) shall be limited, and the execution thereof shall be postponed;

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