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(영문) 서울동부지방법원 2013.08.29 2013고단1837
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten 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

On July 18, 2013, the Defendant: (a) at the criminal office and office of the Gwangjin-gu Seoul Special Metropolitan City Gwangjin Police Station around 167, and (b) at around 15:10 on July 14, 2013, the Defendant was arrested in the act of violence at the above police station around July 14, 2013, and was released by dismissal of the detention warrant after the arrest was arrested in the act of committing an offense at the above police station; (c) but upon the arrival of the notice of arrest detention due to the Defendant’s residence, the Defendant tried to arrest himself again at the police station; (d) Had, Had, Had and Had, who was in charge of the above assault case at the time of receiving the head entrance, was humbing and humd; and (d) the Defendant voluntarily obstructed the police officer’s performance of official duties, such as defect of the words “humd” on the face of Do himself, and interfered with D’s face once.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes of D;

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;

1. Reasons for the sentencing of Article 62-2(1) of the Criminal Act on Probation and Social Service Order [Determination of Punishment] Obstruction of Performance of Official Duties / [Special Convicts] - Where the degree of violence, intimidation, and deceptive scheme is insignificant [Determination of the recommended area] / [Determination of the recommended area] / 1 month or 8 months [the scope of the recommendation area] / where there is any injury which is not among the mitigation factors / Where there is a major reason for the suspension of execution / Where the degree of positive assault, intimidation, and deceptive scheme is minor / Where there is minor degree of injury which is minor: The reason for the suspension of execution is minor : The reason for the suspension of execution - there is no effort to recover from the injury before and after the suspension of execution for more than two times adversely: The detention of a defendant who is obvious of positive social relationship with his family members [decision of sentence] is punished as the same criminal act.

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