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(영문) 서울북부지방법원 2015.11.05 2014고단3819
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that 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 October 15, 2014, at around 23:10, the Defendant received a report on fire risk in front of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and obstructed the Defendant’s lawful execution of duties regarding the notification of 112 report and dispatch site measures, etc. on the ground that he was sent from the E in the circumstances belonging to the D District Unit of the Seoul Dongdaemun Police Station D District, Dongdaemun-gu Seoul, Seoul, and that he was called the above E, and that the above E, who was requested to confirm the identity by the above E, “we can see it in front of the width,” and that the above E, “we can see it in front of the width,” and the Defendant committed violence, such as the removal of the 112 report of the police officer and dispatch site measures.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to photographs of victims;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The scope of recommendations on the sentencing criteria [the scope of recommendations] shall be the basic area (two months of imprisonment to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties).

3. The facts that the Defendant was sentenced to a suspended sentence of imprisonment due to obstruction of performance of official duties, etc. in the course of committing the instant crime, the circumstances leading up to the Defendant’s criminal act, the method of committing the instant crime, the circumstances at the time of committing the instant crime, the number of crimes, and the Defendant’s past record in 198, 199, and 209, etc., shall be determined as ordered by taking into account the circumstances unfavorable to the Defendant, the Defendant’s depth and reflects his criminal act, and other circumstances shown in the pleadings of the instant case,

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