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(영문) 서울남부지방법원 2014.08.14 2014고단2151
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 June 10, 2014, around 08:20 on June 10, 2014, the Defendant was suffering from disturbance, such as getting off the taxi to the roadway in front of 211 at additional Dong, Geumcheon-gu Seoul, Geumcheon-gu, Seoul, and taking a bath in large sound.

The Defendant: (a) took patrols around the above place; (b) took a bath to take the above disturbance by the security guards assigned to the Seoul Francheon Police Station B police box; and (c) took the hand floor of the C’s chest over several times; and (d) marks C’s flab with her hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] There is no basic area (6-1-4 months) of the obstruction of performance of official duties (6-1-4 months) (the decision of sentence] of the basic area (6-1-1-4 months) of the obstruction of performance of official duties (the decision of sentence] of the Defendant’s crime of this case; the Defendant recognized the crime of this case; the Defendant has no criminal records except for the punishment sentenced four times prior to 2001; and the Defendant’s age, character and conduct, environment, conditions after the crime, etc.,

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