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(영문) 서울서부지방법원 2015.06.24 2014고단1527
공무집행방해등
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.

(e).

Reasons

Punishment of the crime

On June 13, 2014, at around 21:30 on June 21, 2014, the Defendant: (a) stated that “F, a police officer affiliated with the Seoul Mapo Police Station Ecomtation, who was called upon having received D’s report at the same time and at the above place, would be able to confirm the progress of the instant case; and (b) stated that “F, a police officer, who was called upon receiving D’s 112 report, would grow up on the day of the instant apartment, she would grow up on the day of the instant case; (c) she f would grow up on the drinking part of the police officer, by assaulting the chest to the body, etc., and assaulting the chest to the body, etc., thereby obstructing the Defendant’s legitimate execution of duties concerning the crime prevention, suppression, and investigation of the said F, a police officer.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement-related Acts and subordinate statutes to F;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election 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 (limited to the scope of recommendation] and there is a need for a strict punishment of the defendant in that it interferes with the legitimate execution of police officers by exercising violence against the police officers dispatched after receiving 112 report [decision of sentence]. However, the defendant's mistake is recognized and divided; the crime of this case is deemed to have been committed by the defendant under the influence of alcohol; the crime of this case is deemed to have no record of the same kind of crime; the defendant's age, character and conduct, and environment are considered as having no record of the crime; and other various sentencing conditions shown in the argument of this case such as the defendant's age, character and environment.

Public Prosecution Rejection Parts

1. The summary of the facts charged is that the Defendant, around June 13, 2014, would drink in the Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government Da apartment guard room on the ground that the victim D (70 years of age) who is the security guard of the above apartment would stop drinking.

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