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(영문) 서울서부지방법원 2014.10.01 2014고단2379
공무집행방해
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

On August 24, 2014, around 00:30 on August 24, 2014, the Defendant requested a taxi driver to assist the police officer E, etc. belonging to the police box of the Seoul Seodaemun-gu Seoul Western Police Station D police station where the taxi driver was in his place, provided a bath to the Defendant, and carried the Defendant’s 's 's home and home home home home home home home home home home home home home home home home home home home home home home’, and obstructed the Defendant’s legitimate execution of duties concerning the maintenance of police officers’ order by taking one time on the face of his mother and child home.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements concerning E;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] There is no basic area (6-1-1-4 months) of the obstruction of performance of official duties (a person who has been specially punished] [decision of sentence] The crime of this case is committed by assaulting a police officer in the course of performing official duties while wearing a uniform, and the liability for the crime is not less strict. The defendant was sentenced to a suspended sentence of six months in the Seoul Western District Court on July 18, 2006 and sentenced to a suspended sentence of three million won in the period of imprisonment for the purpose of obstruction of performance of official duties. The defendant was sentenced to a summary order of three million won in the same court on June 12, 2009 as the crime of obstruction of official duties, and the fact that the previous crime of violence reaches thirteen times the defendant's disadvantage.

However, the punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing, such as the defendant's confession of the crime, the fact that the defendant has been under confinement for a certain period, and the age, character and conduct, environment, motive and method of the crime in this case, and circumstances after the crime.

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