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(영문) 서울동부지방법원 2014.11.27 2014고단3149
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that 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 11, 2014, at around 00:20, the Defendant tried to call the Defendant’s children before the Seoul Gwangjin-gu Seoul Gwangjin Police Station Down Police Station, which was handed over as a protective measure after drinking, and the police officer of the above Down Police Station, attempted to call the Defendant’s children at one time, and assaulted the Defendant at one time at his hand, “Ikhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

Accordingly, the defendant interfered with legitimate execution of duties concerning the management of wards by the above police officers.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to a criminal investigation report (to make a telephone statement concerning police assault guards), investigation report (to report a telephone statement of F police officer in police patrol officers), and investigation report;

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

1. Reasons for the sentencing of Article 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act [the scope of recommendation] There is no basic area (6 to 1 year and 4 months) of obstruction of performance of official duties (the scope of punishment for obstruction of performance of official duties) [the decision of sentence] of the instant crime is an unfavorable condition to the Defendant that the Defendant committed the instant crime by assaulting the police officer while being protected by the police box under the influence of alcohol, thereby obstructing the performance of official duties, and that the damage to the police officer was not recovered. The Defendant was punished by a fine for the same kind of crime in the past.

However, the fact that the defendant is recognized to commit the crime, and the fact that there has been no previous conviction for the last ten years is considered in favor of the defendant.

In addition, the sentencing conditions indicated in the records, such as the defendant's age, character and conduct, environment, family relationship, occupation, etc., shall be determined as the disposition.

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