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(영문) 서울남부지방법원 2014.12.18 2014고단4465
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 August 17, 2014, at around 04:10, the Defendant reported that there was a drinking value in C at the branch of the building B in Gangseo-gu Seoul, Gangseo-gu, Seoul, and sent it to the site, and the circumstances of the case was investigated, and the Defendant stated that E (26 years of age) belonging to the D District Unit of the Gangseo-gu Police Station D District where he was investigated, may be punished for fraud if he did not pay the drinking value” to the Defendant. The Defendant received money from the Defendant, and the Defendant received money from the business establishment, and received money, and “after doing so, he saw and takes a bath,” and interfered with the police officer’s legitimate performance of duties concerning handling the report 112, by assaulting a police officer who was performing official duties, such as plucking, plucking, pling, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Each police statement to G and E;

1. Application of Acts and subordinate statutes to a copy of a business license certificate and a statement of drinking value;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. The reason for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of Recommendation] Where the degree of violence, intimidation, and deceptive scheme is insignificant in the area of mitigation [Special Mitigation] (one to eight months) of the area of obstruction of performance of official duties, the degree of tangible force used as a crime committed by a person who has committed an extraordinary and contingent act at the drinking value [decision of a sentence] is weak, the calculation of the drinking value and the agreement is reached smoothly with the side of the age club, and there are no criminal records of the same kind and imprisonment without prison labor, etc., the sentence identical to the order shall be set within the scope of recommendation according to the sentencing guidelines, and the execution thereof shall be suspended;

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