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(영문) 서울중앙지방법원 2015.03.25 2014고단9352
공무집행방해등
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 of the final judgment.

Reasons

Punishment of the crime

On September 30, 2014, the Defendant: (a) around 20:45, the Gangnam-gu Seoul Metropolitan Government C Apartment 301-410, and (b) the Defendant, a police officer affiliated with the Seoul Suwon Police Station D police box, called the Defendant, sent to the scene after receiving a report of domestic violence from the married couple, prevented the Defendant from gathering water cups to her husband; (c) the victim’s left hand, etc. was cut once as soon as possible; (d) the Defendant spited down 112 reporting on the face; (e) obstructed the police officer’s legitimate performance of duties concerning the handling of reporting duties and suppression of crimes; and (e) at the same time, the Defendant inflicted an injury on the part of the Defendant, such as the left hand, the number of days of treatment of which is unknown to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Application of Acts and subordinate statutes governing standing photographs;

1. Articles 136 (1) and 257 of the Criminal Act applicable to the facts constituting an offense;

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 under Article 62(1) of the Criminal Act is that obstruction of the performance of official duties under Article 62(1) of the Criminal Act harms the authority of the public authority and disturbs the establishment of legal order, and thus, it is necessary to strictly punish the defendant. However, the defendant recognized the facts charged in this case and reflects his mistake. The defendant is under hospital treatment by depression, and the defendant is under hospital treatment, and other conditions of sentencing as indicated in the records and arguments, such as the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc., and the recommended sentencing guidelines for the crime of injury in accordance with the sentencing guidelines, shall be determined by taking account of the following

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