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(영문) 서울동부지방법원 2015.11.27 2015고단3130
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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

Around 21:00 on October 24, 2015, the Defendant was under the influence of alcohol and demanded the Defendant to return home from C, who was dispatched to the site after receiving a report from 112, and was on board the police vehicle driven by the said C for returning home.

On October 24, 2015, at the defendant's house located in Gwangjin-gu Seoul Special Metropolitan City, the defendant received the above C's request from the above C to "I am back from the police vehicle because she arrived at the house," and tried to see "I am 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 son son son son son son son son son son son son son son."

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases and the maintenance of public order by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes concerning investigation reports (in-house currency);

1. Relevant Article 136 (1) of the Criminal Act and the choice of punishment for the crime, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for the sentencing of Article 62-2(1) of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] The basic area of Grade I (Obstruction of Performance of Official Duties/Performance of Duties) (6-1-4 months) [No person specially punished] [Determination of sentence] Defendant is sentenced to the suspension of the execution of imprisonment in 2009 as a single criminal act, suspension of the execution of imprisonment in 2014 as a single criminal act, and the imposition of a fine in 2014 as a criminal act in this case, the liability for the crime in this case is not easy.

However, in full view of the fact that the defendant appears to recognize and reflect the crime of this case, the fact that the defendant appears to be a contingent crime, the degree of violence inflicted on police officers, and other various sentencing conditions shown in the arguments of this case, including the defendant's age, character and conduct, family relationship, environment, the circumstances and the subsequent progress of the crime, and the recommended sentences set in the sentencing guidelines.

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