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(영문) 서울동부지방법원 2014.11.27 2014고단2493
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

[2014 Highest 2493] On July 14, 2014, the Defendant assaulted the Defendant, who was placed on the front of the Seoul Songpa-gu Seoul Songpa-gu Seoul Metropolitan Police Station Down-gu (Seoul Songpa-gu)’s parking lot, which was installed outside of a rail, “I am dead,” and who was going against the disturbance, the circumstances of the said police box, etc. bring the Defendant to the said rail.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the protection of police officers' lives and the maintenance of order.

[2014 Highest 2918] On September 15, 2014, around 17:20, the Defendant: (a) was asked by the police officer F of the Seoul Song-gu Police Station D box, who was called out after having received 112 a report, that “when a person is dead, the person carrying out the police is dead;” and (b) assaulted the said F’s chest by hand, and tried to arrest him as a flagrant offender in the crime of obstruction of performance of official duties; and (c) assaulted the F’s breastbbuckbbbbbs, which continued to arrest him as a flagrant offender.

Accordingly, the defendant interfered with the police officer's 112 report processing and legitimate execution of duties concerning arrest of flagrant offenders.

Summary of Evidence

【2014 Highest 2493】

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. On-site and suspect photograph 【2014 Highest 2918】

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Each statement of G and H;

1. Application of the photographic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts;

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. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of the sentence recommended by the sentencing guidelines [decision of the type] of obstruction of the performance of official duties, and the basic area of the obstruction of the performance of official duties [decision of the recommended area] [the scope of the sentence of recommendation] from June to April 1.

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