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(영문) 서울남부지방법원 2014.08.21 2014고단2269
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 15, 2014, at around 22:45, the Defendant: (a) at the main point of “non-feasia” located in the first floor of the Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, the first floor of the 141 Net Heung Building; (b) the circumstances leading up to the Seoul Yeongdeungpo-gu Police Station B Zone B, which the Defendant called upon receiving a 112 report and called “the Defendant is wrap with other customers on the said main points,” sent back several arms to the Defendant in order to hear the Defendant’s statements; and (c) the chest and the neck of the two arms.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reports and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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

1. Reasons for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] The basic area of obstruction of performance of official duties (from June to one year and four months) / [Determination of sentence] the defendant appears to have committed the crime of this case in a contingent manner under the influence of alcohol, taking into account the fact that the defendant recognized the crime of this case and reflected his mistake.

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