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(영문) 서울남부지방법원 2015.06.04 2014고단3187
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 1, 2014, at around 19:40, the Defendant, at around 19:40, abused the police officer’s duty of handling the report of the police officer, who wears his uniform by assaulting him, such as moving the back of the F to the body of the Seoul Gangseo-gu Police Station E District Team, who was dispatched to the site after receiving a report of 112 of D, to check that the Defendant 112 was able to see the said D’s character and take a bath, and thereby interfered with the police officer’s legitimate duty of handling the report.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to the draft D;

1. The relevant provision of the criminal facts, Article 136(1) of the Criminal Act regarding the choice of punishment, the reason for sentencing of sentence for sentencing of imprisonment [the scope of recommendation] that there is no basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (the scope of obstruction of performance of official duties) [the person who has been specially punished] [the decision of sentence] although the defendant had a record of being punished by a fine and a suspended sentence for 10 times due to violent-related crimes, he/she committed the instant crime even though he/she had been punished by a suspended sentence, and

On the other hand, the sentencing conditions, such as the defendant's age, character and conduct, environment, and circumstances after the crime, shall be determined within the scope of the recommended sentence, taking into account the fact that the defendant recognizes and reflects the crime.

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