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(영문) 서울동부지방법원 2015.01.20 2014고단3845
공무집행방해등
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

1. On December 14, 2014, the Defendant: (a) 00:59, around 00:59, she took a bath to a taxi engineer who was on his/her own on the frontway in Gwangjin-gu Seoul Special Metropolitan City, and was dispatched to the police officer affiliated with the Seoul Mine Police Station C District, which was reported and called 112; (b) she was drinking to the above D, she was able to have governance performed; and (c) she was boomed by drinking the chest of the above D, and her hand, she was boomed by drinkingly her head.

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

2. On December 14, 2014, the Defendant was arrested as a flagrant offender due to the criminal facts under paragraph (1) and expressed a great desire to the victim F, a police officer who was working in the situation in the said earth, as the taxi officer under paragraph (1) and six police officers in the investigation atmosphere in Gwangjin-gu Seoul Special Metropolitan City, Gwangjin-gu, Seoul. Around December 14, 2014, the Defendant expressed that he was arrested as a flagrant offender due to the criminal facts under paragraph (1) and was able to take care of the victim F, a police officer who was working in the situation in the said earth.”

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of respective Acts and subordinate statutes of D, F and G;

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

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);

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

1. Basic sphere of the recommendation range of crimes of obstruction of the performance of official duties (in the case of coercion of the performance of official duties), category 1 (in the case of June to April); and

2. Eight months of imprisonment with prison labor and two years of suspended sentence;

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