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(영문) 서울북부지방법원 2015.06.02 2015고단797
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 becomes final and conclusive.

Reasons

Punishment of the crime

On February 7, 2015, the Defendant assaulted C, his father, on the ground that he neglected to perform his work on the house, and received 112 reports, and obstructed the police officer’s legitimate performance of duties in relation to criminal investigation by committing assaulting, with E (the age of 42) of the police box assigned to the Seongbukbuk Police Station, who was out of the military for the investigation of the situation of the instant case, such as when he was out of the military for the investigation of the situation of the instant case.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of each police statement protocol against E and C;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of the recommended sentence based on the sentencing guidelines [the scope of the recommended sentence] and the basic area (six months to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties) (the scope of the recommended sentence];

2. Determination of sentence: Imprisonment with prison labor is chosen in eight months of suspension of execution; imprisonment with prison labor is to be imposed on the Defendant’s family; imprisonment with prison labor is to be imposed on the Defendant’s family; imprisonment with prison labor is to be imposed on the Defendant’s family; imprisonment with prison labor is to be imposed; imprisonment with prison labor is to be imposed on the Defendant’s family; imprisonment with prison labor is not identical criminal records; imprisonment with prison labor is not imposed on the Defendant’s family; imprisonment with prison labor is not charged; imprisonment with prison labor is to be imposed on the Defendant’s family because the Defendant’s father does not want punishment; imprisonment with prison labor is not charged; the Defendant appears to have reached the instant crime due to the wind of the police at the latest night; imprisonment with prison labor is to be imposed on the Defendant’s old age; and imprisonment with prison labor is suspended on the condition of taking lectures

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