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(영문) 서울서부지방법원 2015.07.21 2015고단1113
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 becomes final and conclusive.

Reasons

Punishment of the crime

On March 15, 2015, at around 00:08, the Defendant: (a) heard the horses that “if a passenger under the influence of alcohol gets into his house, she will pay her taxi expenses” from the victim’s slope D (the age of 47) affiliated with the Seoul Western Police Station C Zone of the Seoul Western Police Station that she called “if she gets into her house, she will return her home, she will pay her taxi expenses”; and (b) followed the Defendant’s face at drinking.”

As a result, the Defendant assaulted police officers to interfere with the legitimate performance of official duties by police officers on 112 Report Processing, and at the same time, the Defendant inflicted an injury on police officers, such as a sofamination that requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. B written statements;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 136 (1) and 257 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following circumstances, etc. considered favorable to the reasons for sentencing):

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc., and Article 1 of the Act on the Punishment, etc. [Scope of Recommendation] / [Scope of Punishment of Performance of Official Duties] / [Scope of Punishment of Violation of Official Duties] / In the case of minor injury (including special mitigation (2-1-4), minor injury (2-1 year), minor injury (including serious effort for recovery) / In the case of failure of punishment (including serious damage for recovery) or considerable damage, the final sentence according to the increase of multiple crimes / The scope of punishment according to the increase of multiple crimes: June to January 10 [Pronouncement Decision] as above.

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