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(영문) 서울남부지방법원 2015.07.03 2015고단1406
공무집행방해
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 03:00 on March 19, 2015, the Defendant: (a) carried out her clothes from the criminal charge and in the Guro police station located in Guro-gu Seoul Metropolitan City, Guro-gu, 235; (b) however, the Defendant: (c) confirmed that B was not clothes by phoneing to the criminal charge; (d) prevented the Defendant from returning home throughout several occasions; and (e) assaulting B’s chest and left her knives, such as single scke.

As a result, the defendant interfered with legitimate execution of duties concerning the management of visitors to auxiliary police officers.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning B;

1. Application of the respective laws and regulations of C, D, and E;

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

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

1. Reasons for the sentencing of Article 62-2 of the Probation Criminal Act [Scope of Recommendation] There is no basic area (6 months to one year and four months) of obstruction of performance of official duties (in case of coercion of June to one year) [Article 62-2] [Article 62-2 of the Probation Criminal Act] [Article 62-2] [Article 62-2 of the Act on Probation] [Article 62-2] [Article 62-2]

However, considering the fact that the degree of assault is not so severe, the fact that the crime is deeply divided and reflected, and other various sentencing conditions such as the defendant's age, character and conduct, environment, and circumstances after the crime, the punishment is determined as ordered within the scope of the recommended punishment and the execution is suspended as condition of probation only once.

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