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(영문) 서울남부지방법원 2015.12.23 2015고단4605
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 August 18, 2015, at around 03:15, the Defendant entered the entertainment tavern “C” located in Guro-gu Seoul Metropolitan Government, and avoided disturbance, and became D (V, 37 years of age) and C (V, an employee of the said main place, and dispatched F, a police officer of the Seoul Guro Police Station E-gu, who was reported 112.

Defendant was asked from the above F, who heard D’s statement, asked D whether or not there was assaulting of D, “I am, I am dead, I am dead, and I am asked F to be asked about whether or not there was assaulting of D, and then asked F to ask questions as to whether or not there was assaulting, and then F am asked F to be asked about whether or not there was assaulting of D, and F am to arrest as a flagrant offender in the crime of assault, “I am, I am dead, I am am dead, I am you am you am you am you am you am you am you am we am we am we am we see.”

Accordingly, the defendant assaulted F and interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases and arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A written statement of D or G preparation;

1. Photographs;

1. Application of Acts and subordinate statutes to a report on the site entry into the 112 violence case;

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 of the community service order;

1. From six months to one year and four months of imprisonment on the sentencing guidelines (the crime group for the obstruction of performance of official duties, the obstruction of performance of official duties, the first category of obstruction of performance of official duties and the basic area);

2. The sentence shall be determined like the order, in consideration of the fact that the defendant's crime of this case is not considerably good, but the defendant commits any contingent crime, the error is divided, the defendant does not have the same criminal record, and the defendant does not have any other criminal record except for two times of fine, etc.

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