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(영문) 서울북부지방법원 2015.11.11 2015고단2950
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On August 11, 2015, at around 02:10, the Defendant was under influence of alcohol on the front seat of the taxi located in the Seoul Jung-gu Seoul Central Police Station D District, Jung-gu, Seoul, Seoul, under the reporting of the above E, and sent back to the same place to the Defendant, and carried out both drinking and drinking at the back seat of the taxi.

The Defendant, at his hand, obstructed the Defendant’s legitimate performance of official duties on the report of the police officers and the prevention of crimes by walking the left side of the said F once, by getting off the taxi.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes of E’s statement of witness;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] The reason for sentencing of Article 62(1) of the Criminal Act on the suspension of execution of official duties (Article 62(1) (Article 62(1) of the Act on the Suspension of Performance of Official Duties (Article 6-1 of the Act on the Suspension of Performance of Official Duties) (Article 6-1 of June-1 and April) where the basic area (Article 6-1 of the Act on the Suspension of Performance of Official Duties) (Article 62(1) (Article 6-1 of the Act on the Suspension of Execution of Official Duties) (Article 6-1 of the Act on the Suspension of Execution of Official Duties) is minor;

However, the defendant's mistake and reflects his mistake while committing the crime of this case, and the defendant does not have a previous record once he was punished by a fine, and other punishment as ordered shall be determined in consideration of the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

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