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(영문) 서울북부지방법원 2015.07.08 2015고단1261
공무집행방해등
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 became final and conclusive.

Reasons

Punishment of the crime

1. On April 5, 2015, at around 00:00, the Defendant interfered with business, at the main point of “C” located in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, the Defendant ordered the beer, and took a bath without any justifiable reason under the influence of alcohol, and obstructed the victim’s main management by force by avoiding disturbance for about 25 minutes, such as flabing with the speaker and the table, and cutting off the bridge and the victim D, who is a manager of the blag.

2. The Defendant, at the same time and at the same place as the preceding paragraph of the obstruction of performance of official duties, told the Defendant to return home to the Defendant by the police officer, such as the police officer in charge of the performance of official duties, and the police officer in charge of the performance of official duties at the Nowon Police Station Emba, who was called for by the Defendant after having received a report that the Defendant interfered with his duties, such as the foregoing, “Iskn's head, Chewing flag, and such a dog,” and obstructed the police officer’s legitimate performance of official duties concerning the handling of the instant 112 report.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to F and D;

1. Articles 136 (1) and 314 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The scope of applicable sentences under Acts: one month to seven years and six months;

2. Application of the sentencing criteria (amended by October 1, 2014) [Scope of recommending punishment] : (a) no basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties; (b) [the scope of final sentencing following the aggravation of multiple offenses] ; (c) since the former part of Article 37 of the Criminal Act between a crime setting the sentencing criteria and an unestablished crime, the sentencing criteria do not apply; and (d) the lower limit is based on the lower limit set on the sentencing criteria (6 months).

3. The decision of sentence is made by the defendant, who has no particular criminal record other than a fine, and the records of this case are shown in the background, appearance, circumstances after the crime of this case, age, character and conduct, environment, etc.

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