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(영문) 서울남부지방법원 2015.07.23 2015고단2066
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On May 13, 2015, at around 01:55, the Defendant used the 106 front way of Heart apartment 39:39-gil, Geumcheon-gu Seoul, to arrest a flagrant offender for the purpose of assault from the slopeF affiliated with the Seoul Geumcheon Police Station Estation, which was called to the scene after receiving a report of 112 by a proxy driver that “the Defendant does not pay any substitute driving fee, and rather assaults himself.” The Defendant used the f’s f’s f’s f’s f’s f’ as the head of the Defendant’s head.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police protocol to G and F

1. Article 136 (1) of the Criminal Act applicable to the crimes;

1. The grounds for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [Scope of Recommendation] The basic area of the obstruction of execution of official duties [Article 62(1)]: Reduction according to the grounds for mitigation of punishment (a special person) from six months to one year and four months (a special person): January to August (a decision of sentence]; the reason for the crime of obstruction of performance of official duties; the degree of violence; the defendant's age, character and conduct; the defendant's age, character and conduct; the records of the crime; and the circumstances after the crime, etc., the court ordered the suspension of execution of imprisonment for the defendant

It is so decided as per Disposition for the above reasons.

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