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(영문) 서울중앙지방법원 2014.10.24 2014고단5851
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

At around 02:10 on August 14, 2014, the Defendant: (a) was under the influence of the Seocho-gu Seoul Special Metropolitan City Nowon-gu Public Security Center; (b) was under the influence of alcohol and was under diving without paying the taxi fee even after having arrived at the destination; (c) was recommended by the Seoul Gwanak-gu Seoul Metropolitan Police Station C District, which was dispatched after receiving 112 a report, to have the Defendant refund to the taxi and return home at the taxi fee; (d) was able to take a bath as “Chewing, cut,” and the Defendant was able to go home without paying the taxi fee.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of E;

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] In the case where the degree of assault, intimidation, and deceptive scheme is minor (a decision of sentence] in the mitigated area (one to eight months) of the obstruction of performance of official duties (a special mitigation) [a decision of sentence] the defendant is against the defendant, the defendant has no record of the same crime, and the degree of damage of this case, etc. are considered. It is so decided as per Disposition for the above reasons.

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