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(영문) 서울남부지방법원 2014.05.14 2014고단1169
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 April 5, 2014, at around 16:00, the Defendant: (a) performed drinking together with women-friendly zone D; (b) was in the process of drinking together with D; (c) was in the process of drinking together with D; and (d) was arrested by the Gu Guro Police Station EdistrictF affiliated with E District of the Gu Police Station called upon receiving a report, and arrested D as an offender in the crime of interference with business.

The Defendant: (a) committed an assault against F, i.e., a defect that the F attempted to board D on the patrol vehicle; (b) carried F with F, and (c) took a blue tobacco at the time of taking the bath that “N is arrested women’s ties within the blue zone”; and (d) obstructed police officers’ legitimate performance of official duties for the arrest of flagrant offenders by assaulting F with his blue zone.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. In order to establish a law and order of a state with the reason of sentencing under Article 62-2(1) of the Social Service Order Act, Article 59 of the Probation Act, and eradicate the light of the public authority, there is a need to strictly punish the crime of obstruction of performance of official duties, such as the instant case, and the Defendant may have a record of punishment due to violent acts, etc. However, there are unfavorable circumstances, such as the fact that the Defendant recognized his mistake and reflects it, the degree of violence is relatively minor, and all of the sentencing conditions, such as the Defendant’s age, character and behavior, family environment, etc., are

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