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(영문) 서울중앙지방법원 2014.12.24 2014고단7860
공무집행방해
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 October 13, 2014, at around 10:45, the Defendant discovered a parking controller D belonging to the Jung-gu Office, Jung-gu, Seoul, which was performing the parking control duty in front of the Seoul Metropolitan Government, and resisted that the Defendant parked on his/her own, the Defendant obstructed a public official’s legitimate performance of duties in relation to parking control by assaulting the said D’s face by using the vehicle for parking control to continue parking control without being the counter party, and by using it, by using it as his/her hand, in order to continue parking control.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Police suspect interrogation protocol of the accused;

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. Article 62 (1) of the Criminal Act (the following grounds for sentencing)

1. The reason for the sentencing of Article 62-2(1) of the Social Service and Article 59 of the Act on Probation, Etc. [Scope of Recommendation] With respect to the obstruction of the performance of official duties, there is no basic area (6 to 1 year and 4 months) [Attachment Decision] [Attachment Decision] of the Criminal Code, the nature of the crime committed by assaulting the parking control personnel who are public officials while resisting the parking control personnel], the accused is subject to criminal conviction due to the same crime, the accused is led to a confession, the accused is led to a confession, the accused has no criminal conviction above imprisonment, the accused has no criminal conviction, and other circumstances, such as the age, character and conduct, intelligence and environment of the accused, motive, means and consequence of the crime, the circumstances after the crime, etc., shall be determined as per the order.

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