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(영문) 서울북부지방법원 2015.06.12 2015고단789
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

At around 08:10 on January 3, 2015, the Defendant, at the main station of the second floor of the building B in Gangnam-gu, Seoul, the Defendant, while drinking alcohol together with D and E, was punished by side tables visitors, and the police, upon receiving 112 report, called the Defendant.

The Defendant took a bath to the police officer G belonging to the Seoul Southern Police Station, who was dispatched to the above scene, and arrested the police officer belonging to the same police box as an insulting crime, and subsequently arrested the police officer in the act of insult. The Defendant saw the above H’s arms and armored.

In addition, despite the notification from other police officers dispatched to the site over several occasions that they could be arrested as a crime of obstruction of performance of official duties, the above H's arms and armors continued to increase.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of police officers H flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements concerning H and G;

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] Where the degree of violence, intimidation, and deceptive scheme is insignificant in the area of mitigation (one to eight months) (special mitigation) of the area of obstruction of performance of official duties (one to one month), [decision of sentence] the fact that the defendant led to the confession of the crime and reflects against himself/herself, the defendant's age, criminal power, living relation, etc. shall be determined as per the order.

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