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(영문) 서울동부지방법원 2014.10.10 2014고단1259
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On April 26, 2014, at the “D cafeteria” located in Songpa-gu Seoul Metropolitan Government, the Defendant: (a) requested the victim guard F, who was a police officer assigned to the Seoul Songpa-gu Police Station Emba, dispatched to the scene after having received 112 report, to verify the details of the report from the reporter and present his/her identification card; (b) the Defendant’s conduct, employees of the above restaurant, and customers, etc., demanded the victim to present his/her identification card to the suspect; (c) on the spot where many people are heard, the Defendant’s conduct, and the above restaurant’s employees, and customers, etc., “I will not have any son, night identification card without any need to do so; and (d) He/she should immediately am flap with the Defendant, and he/she made a mistake.”

Accordingly, the defendant openly insultingd the victim.

2. The Defendant, at the time, at the place specified in Paragraph 1, committed an act of obstruction of performance of official duties, who was arrested and detained by the above Inspector F in the act of committing an offense for the foregoing reasons, and who was in patroled on the patrol lane, the “wemp typ fee” should be tight, and the blick F’s face with the hand floor was assaulted twice.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports by police officers and the arrest of flagrant offenders.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Application of the police protocol of statement to F;

1. Relevant Article 136 (1) and Article 311 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation]: The basic area of the obstruction of performance of official duties (two months to one year and four months of imprisonment): None [Determination of sentence] [Determination of sentence]: In light of the shape and content of the instant crime, the degree of violence, the attitude and circumstance of the Defendant after the instant crime, etc., the nature of the crime is not easy, and the fact that there are several criminal records of criminal punishment for committing a crime in violation of the Punishment of Injury or Violences, etc. Act that are disadvantageous to the Defendant.

On the other hand, however, it is.

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