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(영문) 서울동부지방법원 2015.03.26 2015고단85
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

On November 23, 2014, at around 03:50, the Defendant assaulted on the road near Songpa-gu, Songpa-gu, Seoul, that “a person under the influence of alcohol takes the way on the road,” following the 112-report, the Defendant sent to the Seoul Songpa-gu Police Station C commander of the Seoul Songpa-gu Police Station: (a) the police officer assigned to the Seoul Songpa-gu Police Station, and the police officer, who arrived at the seat of the Defendant carrying the Defendant at the seat of the patrol vehicle while under the influence of alcohol and at the seat of the Defendant, who is prone to the shoulder, and was able to take the right side of the said E 2 to 3 times at the right hand floor and drinking, and who restrains this.

Accordingly, the defendant interfered with the legitimate execution of duties of the police officer on the handling of 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of the photographic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

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 of Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] The basic area (6-1-4 months) of the obstruction of performance of official duties (the decision of sentence] / The reason and contents of the crime of this case, the degree of damage, confession and rebuttal, and all the circumstances revealed in the arguments, such as the defendant's criminal records and age, were taken into consideration. The sentence was determined as per Disposition.

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