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(영문) 서울북부지방법원 2015.06.02 2015고단874
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Defendant 2015

2. Around 200:05, while getting a taxi in the king of Seongdong-gu Seoul Metropolitan Government, it was assaulted against wife C in front of the answer elementary school located in 20 3-gil-ro, Dongdaemun-gu, Seoul, by drinking in front of the answer 20-ro, Dongdaemun-gu, Seoul.

Therefore, the patrol lane in the vicinity reported to the E in the situation where the taxi engineer belongs to the Seoul East-gu Police Station D District Unit of the Seoul East-gu Police Station, and the reason why E received the report was asked the defendant and C about the situation of the case.

At this time, the Defendant took a bath to E, intending to take a bath to C, and intending to see the female, and assaulted by E, such as flabing the e’s flaps with a sudden hand and flabing the e’s flab.

As a result, the Defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

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 the recommended sentence based on the sentencing guidelines [the scope of the recommended sentence] and the basic area (six months to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties) (the scope of the recommended sentence];

2. Determination of sentence: In full view of various circumstances that form the conditions for sentencing specified in the arguments and records of the case, such as the use of violence against the police officers who were reported by the defendant for a period of two years under the suspension of the execution of imprisonment for six months, and the use of force against the police officers who were dispatched after being reported by the defendant for a period of two years under the suspension of the execution of imprisonment for a limited term of two years, and the use of force for the punishment of a dual term of fine, the defendant has no same criminal record, and the defendant'

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