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(영문) 서울북부지방법원 2015.10.21 2015고단2190
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

At around 15:10 on June 13, 2015, the Defendant: (a) received a report from the Defendant on the front of the D cafeteria located in Dobong-gu Seoul Metropolitan Government (hereinafter referred to as the “D cafeteria”); and (b) received the Defendant’s recommendation to return home from G, the police box belonging to the Seoul provincial Police Station, and the police box of the Seoul provincial Police Station (hereinafter referred to as the “Seoul Dobong Police Station”) sent to that place; and (c) again received a penalty notification from the above H as a violation of the Punishment of Minor Offenses Act, such as paying a trial fee, etc.; and (d) received the penalty notification from the above H, the Defendant expressed the desire to “the son who received a salary from internal tax and received it, is going to go to the front of the working clothes of the said G,” and the Defendant sent the body of the said G by hand, set up the body of the said G, making it difficult for the Defendant to wear up the right chest of the working clothes of the said G.

Accordingly, the defendant assaulted the above G and interfered with the legitimate execution of duties of police officers concerning the prevention and suppression of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement concerning G;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. The reason for sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] The scope of balancing between the applicable sentencing range and the recommended sentencing range (6-1-4 months) of the basic area (6-1-6 months) of the obstruction of performance of official duties: the crime of obstruction of official duties committed in June-1 and April (the decision of sentence] is a crime that undermines the function of the State by nullifying legitimate exercise of public authority, and thus, it is necessary to strictly punish the crime in order to establish the legal order of the State and eradicate the light of the public authority.

However, when the defendant committed the crime of this case, the defendant repents and reflects his mistake, and the defendant is only subject to a fine of three times, and other punishment as ordered shall be determined in consideration of the defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, etc.

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