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(영문) 서울중앙지방법원 2014.10.31 2014고단4543
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 becomes final and conclusive.

Reasons

Punishment of the crime

On June 1, 2014, at around 22:18, the Defendant, at the “D convenience store” located in Dongjak-gu Seoul Metropolitan Government, took a walk, such as breathous drinking, and pushing the goods located in the camera by hand, etc., on the ground that, upon receiving 112 reports, the slopeF belonging to the Seoul Police Station E zone of the Seoul Police Station, which was called out after the receipt of 112, prevented the Defendant from getting out of the convenience store, and led the F to go out of the convenience store.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of partial police interrogation of the accused;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to investigation reports (Evidence records 28 pages);

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime (the point of obstructing performance of official duties and the choice of imprisonment);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] is that there is no basic area (six months to one year and four months) of the obstruction of performance of official duties (decision of sentence] [decision of sentence] the defendant is against the defendant, the degree of damage of this case and the fact that the defendant has no record of the same kind of crime. It is so decided as per Disposition for the above reasons.

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