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(영문) 서울서부지방법원 2016.02.04 2015고단3037
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 14, 2015, at around 18:01, the Defendant received 112 reports from the host in the front of the “D Party” street located in Mapo-gu Seoul Mapo-gu, Seoul, to the Defendant by asking the Defendant’s residence, and the police officer F, who was called Seoul Mapo-gu Police Station Edistrict, provided the Defendant’s dwelling. The Defendant expressed the Defendant’s desire to “this Chewing ar........” On the top of the Defendant’s own hand, the Defendant took one time under the left side of the InspectorF.

Since then, at around 18:20 on the same day, the Defendant saw that he was arrested in flagrant offenders at the “E District Office” office located in Mapo-gu Seoul Metropolitan Government on the same day, and sounded the police officers with the “Chewing flap flab” and expressed a desire to the police officers.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. The H’s statement [Defendant’s defense counsel’s assertion to the effect that the Defendant was physically and mentally deprived or physically weak at the time of committing the instant crime, but in light of the background, content and method of the instant crime, Defendant’s behavior before and after the instant crime, etc., which may be duly adopted and examined by the court in full view of the evidence duly adopted and examined, etc., the Defendant had no or weak ability to discern things at the time of committing the instant crime.

As such, the above assertion by the defense counsel cannot be accepted.

Application of Statutes

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (the following circumstances, etc. considered as the grounds for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order [the scope of recommended punishment] The basic area of the first type (Interference with the performance of official duties and coercion of official duties) ( June-1 to April).

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