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(영문) 서울북부지방법원 2015.05.12 2015고단323
공무집행방해
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 January 18, 2015, at around 01:30, the Defendant received 112 report from the street in front of the C convenience store located in Nowon-gu in Seoul Special Metropolitan City, and was recommended to receive hospital treatment or return home at a time, along with a statement that the Defendant was faced with the signboard, rather than the Defendant’s standing from E in the circumstances of the D Zone at the Seoul Nowon-gu Police Station D Zone.

Accordingly, the Defendant continued to do so to the above E with the desire of “spawn,” and obstructed the police officer’s legitimate execution of duties regarding the prevention and suppression of crimes by assaulting the E, such as setting the spawn in front of the victim patrol vehicle by placing it to the patrol unit, preventing the spawn of the patrol vehicle, getting off the patrol vehicle due to the spawn behind the patrol vehicle, cutting off the spawn in drinking, cutting off the spawn of the said E, and cutting off the spawn from the patrol vehicle, and cutting off the spaf belonging to the said patrol group one time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Each statement of G, H and I;

1. Application of CCTV Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crime;

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 extenuating circumstances among the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of the instant case, including the following circumstances and the Defendant’s age, character and conduct, family relation, family relationship, home environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime, shall be imposed the same sentence as the disposition

D. Unfavorable circumstances: The circumstances favorable to the defendant's use of assault against the victims who are police officers in uniform on board before the patrol: the first offender; the victims' degree of damage is not significant; and the crime of this case was committed on the wind that the defendant was faced with the signboard in the state of boom and faced with the standing.

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