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(영문) 서울동부지방법원 2015.02.05 2014고단3894
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 October 31, 2014, at around 02:20, the Defendant received 112 reports from Gwangjin-gu Seoul Special Metropolitan City Gwangjin-gu (Seoul Special Metropolitan City Gwangjin-gu), and was urged to return home from the superintendent D belonging to the Seoul Gwangjin-gu Police Station C District, and used the face of D on one occasion.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reports by the police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes of D and E;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the sentence recommended by the sentencing guidelines [decision of types] Crimes of the obstruction of performance of official duties, and the basic area of the obstruction of performance of official duties [decision of the recommended area] [decision of the recommended area], six months to one year and four months; and

2. Determination of sentence shall be made in the same manner as the order, taking into consideration the overall circumstances shown in pleadings, such as the accused's age, character and conduct, occupation, occupation, intelligence and environment, motive and background of the crime, means and method of the crime, circumstances after the crime, etc., and others, such as the fact that the accused is led to confession and against himself, there is no record of punishment, heavy results not generated.

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