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(영문) 서울중앙지방법원 2014.09.12 2014고단4946
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On July 7, 2014, around 09:20 on July 7, 2014, the Defendant stated that “D” stores located in Jongno-gu Seoul Metropolitan Government, and the victim E (the 20-year-old) who is an employee under the influence of alcohol did not operate a mobile phone, and expressed his/her desire to read “gringing, chewing,” and pushed the victim’s chest twice.

Accordingly, the defendant assaulted the victim.

2. On July 7, 2014, at around 09:45, the Defendant expressed a 112-report that the Defendant was suffering from disturbance in front of the said D store that he was called “D,” and that the circumstances where the Defendant was called out, the Defendant expressed that “I will not open, sing down, sing down, and sing down the Defendant,” and that “I will not go against the law of the Punishment of Minor Offenses.” On the grounds that the Defendant’s notification for payment of a penalty was carried out by G’s face, and that “I will not go against the Defendant as a violation of the law of the Punishment of Minor Offenses Act.”

Accordingly, the defendant interfered with the legitimate execution of police officers' duties.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of E and H;

1. Application of the G’s written Acts and subordinate statutes;

1. Relevant Article 260(1) of the Criminal Act and Article 136(1) of the Criminal Act (the point of violence and the choice of imprisonment), the choice of punishment for the crime (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;

1. The grounds for sentencing of Article 62-2 of the Social Service Order Act for the first category [Scope of Recommendation] of the Act on the Performance of Official Duties (Obstruction of Performance of Official Duties) and the second category [Scope of Recommendation] of the Act on the Performance of Official Duties (In June-1 and April), the basic area of the Act on the Punishment of Violence (General Violence) [Scope of Recommendation] and the basic area (2-10 months) of the Act on the Punishment of Violence (No special person]] of the Act on the Punishment of Multiple Crimes: The defendant is against the Decision of Sentence 6-1 and 19 (Decision of Sentence ], the degree of damage of this case, and the fact that the defendant was punished several times for the same crime, etc.

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