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(영문) 서울남부지방법원 2014.08.29 2014고단2027
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 23:00 on May 25, 2014, the Defendant received a demand from an employee of the above restaurant to complete his business in front of the 'C' restaurant in Gangseo-gu Seoul Metropolitan Government, and the Defendant was asked to do flick, and the complaint was raised before the 112 notice was sent to the above cafeteria, and the circumstances belonging to the D Zone Unit of the Seoul Gangseo-gu Police Station, which was called after receiving a 112 report, were to hand over to the Defendant's daily activities, and despite the knowledge of the fact that the above E was in the process of performing his official duties in the state of wearing her uniform, the Defendant was trying to flickly cut the flick with the above E's flick, with his hand, and carried the flick with the above flick, and carried the flick part of the fbuck.

As a result, the Defendant interfered with the proper execution of duties by police officers regarding the maintenance of order and suppression of crimes, and the victim F is not aware of the number of days of treatment that caused about 3 cms on the part of the buckbucks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. G statements;

1. Application of the Acts and subordinate statutes to the body photographs of the F police officer in charge of victims;

1. Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Recommendations type on the sentencing criteria;

(a) Where obstruction of performance of official duties is committed by a person who is under special guard for the aggravated area (6 months to 2 years) of Category I (General Bodily Injury) of the Punishment of No. 1 Crimes (Bodily Injury);

B. The scope of the punishment of the second crime (the crime of obstruction of the performance of official duties) shall be the obstruction of the performance of official duties.

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