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(영문) 서울남부지방법원 2014.02.05 2013고단4748
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 17:15 on November 6, 2013, the Defendant assaulted a police officer who is performing official duties and interfered with the legitimate execution of duties concerning the investigation of the crime by assaulting a police officer who is performing official duties, such as: (a) he takes a bath that a slope D belonging to the Gangseo Police Station C District forces dispatched to the site after having received a report of 112 that a host person drinks alcohol at his pharmacy; and (b) he returned home to the Defendant; and (c) said D, “A must do so within this chrone, a dump bump flasp.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Article 62 (1) of the Criminal Act;

1. The Defendant was subject to ten times a fine under Article 62-2 of the Criminal Act due to the crime of obstruction of performance of official duties, obstruction of duties, insult, etc. under the influence of alcohol even after the lapse of 2009.

As can be seen, the defendant shall be sentenced to the same punishment as the disposition, comprehensively taking into account the circumstances leading to the crime of this case, methods of crime, criminal records, possibility of recidivism, etc.

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