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(영문) 서울동부지방법원 2014.09.04 2014고단2301
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

1. On June 6, 2014, around 22:55, the Defendant: (a) expressed that “a person under the influence of alcohol interferes with the business of a person under the influence of alcohol” in front of the Escam located in Gwangjin-gu Seoul Special Metropolitan City, the police officer, who belongs to the F District of the Seoul Mine Police Station, shall be urged to return home from C, who is a police officer belonging to the F District of the Seoul Mine Police Station, and the above C, “I amb off,” and the Defendant expressed that “I ambs off, you will amb off, you will do son son son son son son son son son son son son son son son son son son son son son son son son son son son son son

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the handling of reports.

2. On June 6, 2014, around 23:27, the Defendant committed a crime against slope G, who was arrested as a flagrant offender for the criminal facts set forth in paragraph (1) at the F District District of Seoul Mine Police Station located in Gwangjin-gu Seoul Special Metropolitan City, and waiting for the crime. At the request of the Defendant, the Defendant wanting to cover the lock so that he/she was released, he/she assaulted when he/she took the head of G slope G, a police officer belonging to the said District, one time on the left hand, who was a police officer assigned to the said District.

Accordingly, the defendant interfered with the police officer's legitimate execution of duties concerning the police officer's patrol and safe guard of the arrested.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of C’s written laws and regulations

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the extent of the mitigation area (one month to eight months) (special mitigation), such as assault, intimidation, and deceptive scheme is minor for the first-class crime (Scope of recommending punishment).

2. Where the extent of the mitigation area (i.e., month or August) of Type 1 (ii) (ii) of the obstruction of performance of official duties is minor, such as assault, intimidation, and deceptive scheme;

3. Aggravation of multiple offenses.

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