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(영문) 서울서부지방법원 2015.02.03 2014고단3264
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 31, 2014, at around 23:30 on October 23:30, 2014, the Defendant was subject to a safeguard measure against the customer who was on the table table in Yongsan-gu Seoul, the Defendant reported 112, and confirmed the details of the report by the assistant E affiliated with the Seoul Yongsan Police Station D commander of the Seoul Yongsan Police Station, and thereby, two police officers in charge of the Defendant to return to the Defendant to the house. One person is a police officer, and one person is a taxi engineer. One person is a police officer, and the other person interferes with a police officer’s legitimate performance of duties concerning the handling of the instant report.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of F’s written Acts and subordinate statutes;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] The basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (determination of sentence] of the Defendant’s mistake, the extent of the Defendant’s assault is minor, and all other circumstances constituting the conditions for sentencing, such as the Defendant’s age, character and conduct and environment, shall be determined as the Disposition.

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