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(영문) 서울서부지방법원 2014.07.16 2014고단1203
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 19, 2014, at around 00:14, the Defendant: (a) expressed that, “A police officer, who belongs to the Seoul Western Police Station B District, who was dispatched after receiving 112 report, shall ask his/her address, and is well aware of his/her address” on the ground that C, the police officer of the Seoul Western Police Station B District of the Seoul Western Police Station, who was dispatched after receiving 112, was able to ask for the address of his/her own; (b) he/she received the face of the said C one time in his/her head and her title several times in his/her hand; and (c) interfered with the legitimate execution of his/her duties, by assaulting the E/her face, who is a police officer belonging to the said global belt, one time in drinking at the same time.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police statement statute to F, C, and E;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] The crime of this case that interferes with the performance of official duties by assaulting a police officer who wears the basic area (six to one year and four months) of the obstruction of performance of official duties (the decision of the sentence] of category 1 of the Criminal Act (the obstruction of performance of official duties/the coercion of official duties)

However, the punishment as ordered shall be determined by taking into consideration the following factors, such as the defendant's reflectivity, absence of the same criminal record, the age, character, conduct and environment of the defendant, the circumstances leading to the crime in this case, and the circumstances after the crime.

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