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(영문) 서울북부지방법원 2015.04.08 2015고단220
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

1. Around November 19, 2014, around 23:30 on November 23:3, 2014, the Defendant boarded the victim D(57 years of age) to E-cab in front of C in Jung-gu Seoul Metropolitan Government and brought the victim to the U.S. distance.

Therefore, when the victim stops temporarily for signal atmosphere in front of the long-distance in Seongbuk-gu Seoul Metropolitan Government, the victim abusedd the victim with the hand floor when she walked the victim at one time, on the back of the back of the victim with the hand floor, while "Is???????????????????????????????????????

2. At around 23:55 on the same day as the preceding paragraph, the Defendant: (a) arrested a flagrant offender as a flagrant offender in Seongbuk-gu Seoul Metropolitan Area G District in Seongbuk-gu; and (b) expressed his/her desire to “A, I, I, I, I, who was requested by H to present his/her identification card; and (c) tried to have a computer monitor located therein; and (d) obstructed a police officer’s legitimate performance of duties concerning crime prevention and investigation, etc. by assaulting him/her, such as assaulting him/her at one time the head of the above H on drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute on police statements made to D and H;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act on the Punishment, etc. of Specific Crimes, the choice of imprisonment with prison labor, respectively;

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

1. On the grounds of the sentencing of Article 62(1) of the Criminal Act, Article 62(1) of the Act on the Suspension of Execution, in the case where the following are recovered from the mitigation area (one month to eight months), the mitigation area (including special mitigation), the mitigation area (including serious efforts to recover damage), the non-performance area (including serious efforts to recover damage), or considerable partial damage, the second crime (in the case of the obstruction of performance of official duties) [the scope of recommendation] the mitigation area (one month to eight months) of the obstruction of performance of official duties.

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