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(영문) 서울서부지방법원 2014.10.02 2014고단1743
공무집행방해
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.

Reasons

Punishment of the crime

On June 23, 2014, the Defendant: (a) 07:55, the Seoul Mapo Police Station C Public Security Center located in Mapo-gu Seoul, Seoul, demanded that E, a police officer belonging to the Seoul Mapo Police Station D District of the above Police Station, take a bath, such as “I see why he is fat, fat, fat, I am well away through a prosecutor. I am going to go well; (b) I am going to go well, I am a drinking and go to the F several times, and the Defendant f was fatd by assaulting, f, E’s breast part of the breast part of the breast part, thereby interfering with the legitimate execution of duties concerning public peace and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to CCTV video recording data in a police box;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., circumstances favorable to the reasons for sentencing) of the suspended sentence [the scope of the recommended sentence] There is no basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (the scope of obstruction of performance of official duties) [the sentencing guidelines for the crime of this case] The sentencing guidelines for the crime of this case are as follows. The sentencing guidelines for the crime of this case are as follows; the defendant is not easy to obstruct the legitimate execution of duties by the police officer by taking advantage of the defendant’s abusiveing the police officer and exercising violence without any particular reason; however, the sentencing guidelines for the crime of this case are set as ordered in consideration of all the circumstances, which are the conditions for the sentencing of this case, including the fact that the defendant reflects his mistake

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