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(영문) 서울중앙지방법원 2015.02.11 2014고단9412
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 becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:30 on October 31, 2014, the Defendant: (a) assaulted the Defendant on the street in front of Gangnam-gu Seoul, a bus stop, who was dispatched to the site after receiving a report by a person to the bus stop, and the Defendant, a police officer belonging to the Seoul Suwon Police Station C District District, who was in charge of the Defendant on India, called “picker,” and obstructed the police officer’s legitimate performance of duties concerning the handling of reporting duties and the protection of the main owner, by assaulting the Defendant, “Iskn must see to the head of the Si, Iskn, Isk to the head of the Singu Police Station, Iskn, Isk to the head of the Gu, Iskn if I am to the head of the Gu, Isk to the head of the Gu.”

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of the police statement law to D;

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 (the following grounds for sentencing)

1. The reason for the sentencing of Article 62-2(1) of the Social Service and Article 59 of the Act on Probation, Etc. [Scope of Recommendation] There is no basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (decision of sentence] [decision of sentence] The nature of the crime that uses violence to police officers performing official duties is not good. Meanwhile, there is no particular criminal record, the defendant is led to confession, and there is no particular criminal record, and other various circumstances, such as the defendant's age, character and behavior, character and environment, intelligence and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., are considered to be the conditions for the sentencing of this case.

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