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(영문) 서울서부지방법원 2015.12.30 2015고단1674
공무집행방해등
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

1. On November 30, 2014, from around 22:30 to 23:10 the same day, the Defendant interfered with the business, at the E main point operated by the victim D in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, the Defendant: (a) told the victim that “I am on the side of a motor vehicle for diving,” but sees the victim’s words “I am off”; and (b) continued to read “I am off, I am, I am, I am, I am.” and “I am, I am, I am am, I am, I am, so I am you am unable to enter the said main point.”

Accordingly, the defendant interfered with the victim's main business by force.

2. The Defendant received 112 reports to the effect that obstruction of performance of official duties was inflicted on the date, time, and place under the above paragraph (1), and solicited the victim to return home from the border G (the age of 40) belonging to the Seoul Western Police Station G (the age of 40) of the Seoul Western Police Station, and the above police officer “scambling the scambling police force,” and the Defendant carried the chest of the police officer by hand.

As a result, the defendant assaulted police officers, thereby hindering police officers from performing their legitimate official duties on handling reports.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness D and G's respective legal statements;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (Interference with Business, Selection of Imprisonment), and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):

1. Reasons for sentencing of Article 62-2 of the Social Service Order Act: Class 1 (Obstruction of Performance of Official Duties) (Scope of Recommendation) of the Reasons for the Sentencing of Article 62-2 of the Criminal Act; Category 1 (Obstruction of Performance of Official Duties and Compelling of Duties) of the Basic Field (6-1 year and 4 months) of the Obstruction of Performance of Official Duties; 2-crime (Obstruction of Duties) of the No. 31 (Obstruction of Duties) (Scope of Recommendation Punishment) of the No. 3 (Obstruction of Duties)

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