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(영문) 서울북부지방법원 2013.12.12 2013고단2481
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 15, 2013, at around 05:38, 2013, the Defendant: (a) received a report from a taxi engineer before the Seoul Jung-gu Seoul Metropolitan Government, that the Defendant used violence; and (b) received a report from the taxi engineer, and (c) received the Defendant to pay taxi charges and returned home; (d) the Defendant recommended the Defendant to pay the taxi charges and return home, and (e) received the said D’s chest to his head by hand.

As a result, the defendant interfered with legitimate execution of duties concerning the prevention, suppression, investigation, etc. of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

1. The sentence shall be determined as per the Disposition, in consideration of the following: (a) the Defendant committed the instant crime in a contingent manner under the influence of alcohol; (b) the Defendant appears to have suffered alcohol impairment; (c) the Defendant himself/herself is deemed to have received alcohol treatment; and (d) his/her depth reflects the depth of alcohol; and (e) the reason for sentencing under Article 62(1) of the Criminal Act; Article 60(3) of the Juvenile Act Article 48(1)2

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