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(영문) 서울서부지방법원 2015.02.05 2014고단2124
공무집행방해
Text

A defendant shall be punished by imprisonment 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

Punishment of the crime

On July 27, 2014, around 02:30 on July 27, 2014, the Defendant assaulted with C, who was a male-gu male-gu in Mapo-gu, Mapo-gu, Seoul, 441-3, on the ground that police officers belonging to the Seoul Mapo Police Station D Zone D District, dispatched upon 112 reported and attempted to restrain E, and obstructed legitimate execution of duties concerning public security and maintenance of order of E, who were police officers.

Summary of Evidence

1. Legal statement of witness E;

1. Statement of the police statement of E;

1. Application of statutes on photographs of damage;

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

1. Reasons for the sentencing of Article 62(1) of the Criminal Act (see, e.g., circumstances to be considered as the reasons for sentencing) [Scope of recommending] obstruction of the performance of official duties, the basic area (see, e.g., June to April) (see, e., Supreme Court Decision 6-1, Apr.) (see, e.g., Supreme Court Decision 6-1

In light of the fact that a criminal record of a fine due to the crime of damaging public goods has been one time and without good cause, assaulting a police officer who wears his uniform and obstructing his performance of his duties is not good, imprisonment shall be selected. However, considering the various circumstances, including the defendant's age, character and conduct, and environment, which are the conditions for the sentencing of this case, including the fact that the defendant did not have the same criminal record and the degree of obstruction of the performance of his duties is relatively heavy, the execution of imprisonment shall be suspended only once, and the sentence shall be determined as per the order.

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