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(영문) 서울동부지방법원 2015.06.25 2015고단1140
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

around 18:15 on February 18, 2015, the Defendant visited the Defendant’s female-friendly Gu residence located in Gwangjin-gu Seoul Special Metropolitan City, but the female-friendly Gu was said to move.

However, when the defendant reported 112 women's relatives who did not go to the scene, sent out to the scene by police officers E and F belonging to the Seoul Mine Police Station D Zone D District, and solicited the defendant to return home from the stairs of the fourth and third floor of the above building, the defendant "I must not do so," and the above police officers "I must not do so." The defendant assaulted the above police officers E two times at the hand floor, and assaulted the F's right-hand kne, with three times at the right-hand knes of the F who restrains this, and was arrested as a flagrant offender and handed over to the Seoul Minejin Police Station and transferred the entrance to the hospital at around 20:26 of the same day, and obstructed the police officers' legitimate execution of duties in relation to the prevention, suppression, and investigation of crimes by assaulting the police officers' face-side left-hand side of G and the police officers belonging to the Seoul Mine Police Station.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of the E, F, and G;

1. A H statement;

1. Application of Acts and subordinate statutes to the victim E's body photograph, the suspect's photograph, and the suspect's photograph;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act selecting a penalty;

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

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for a suspended sentence”)

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [Scope of the sentencing guidelines] The basic area of obstruction of performance of official duties (such as obstruction of performance of official duties and coercion of duties) (6 months to 1 year and 4 months): No special person: [decision of sentence] unfavorable circumstances: In light of the number of police officers who have used violence, methods of assault, etc., the crime is not good, and the damage recovery was made.

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