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(영문) 서울동부지방법원 2014.11.27 2014고단3262
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 October 22, 2014, around 19:10 on October 2, 2014, the Defendant reported that he was drunk on the 203 ahead of Seongdong-gu, Seongdong-gu, Seoul, 137-ro, and received a request from C to return home from the police box belonging to the Sungdong Police Station B, who was called, and took the face of C one time as a drinking.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the protective measures of the above police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes of D;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts;

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

1. Scope of the sentence recommended by the sentencing guidelines [decision of type] Crimes of obstruction of the performance of official duties, and obstruction of the performance of official duties [decision of the recommended field] mitigation area (in cases where the degree of violence is minor] - 8 months

2. Determination of sentence shall be made in the same manner as the order, taking into comprehensive account the following circumstances as the accused’s age, character, conduct, occupation, intelligence and environment, motive and background of the crime, means and method of the crime, circumstances after the crime, etc., and all other circumstances shown in pleadings, such as the fact that the accused is led to confession and reflect, that there is no history of punishment imposed or beyond the fine for the same crime, that there is no gravity of violence

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