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(영문) 서울서부지방법원 2015.10.07 2015고단2016
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On August 12, 2015, the Defendant: (a) 07:51 on August 12, 2015, at the “C” entertainment tavern located on the 112nd underground of Yongsan-gu Seoul Metropolitan Government, and received a report of 112 that “the son will not calculate the drinking value;” and (b) Sheet E, a police officer belonging to the Yongsan-gu Police Station D District District, called “the police is fluored by fluoring fluor.” On the part of the police officer called “the fluor, f.e., f., f., f., f.,” and f.

The Defendant continued to open the front door of the patrol vehicle in which he intends to leave the H patrol vehicle, and put him in the cres of the cres of the said patrol vehicle into the front door, leaving the front door of the patrol vehicle, and leaving the cres of one arms, and prevented the police from departing the patrol vehicle on the floor for about 20 minutes, due to the occurrence of a defect in the E’s request for assistance to other police officers.

Accordingly, the defendant interfered with police patrol and legitimate execution of duties concerning 112 reported mobilization.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Investigation report;

1. Application of the Acts and subordinate statutes to photographs by capturing CCTVs and capturing a victim's photograph;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The reason for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [the scope of recommendations] The basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (the scope of recommendations) and the basic area (6 to 1 year and 4 months) of the Act on the Suspension of Execution [the decision of sentence] there is a need for a strict punishment of the defendant in that it interferes with the legitimate execution of police officers by exercising violence against police officers despite the fact that there is a history of the same crime. However, although the defendant recognized and divided his mistake, there is no history of criminal punishment exceeding the fine, and there is no other age of the defendant.

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