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(영문) 서울남부지방법원 2015.08.20 2015고단2533
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Criminal facts

At around 23:20 on June 20, 2015, the Defendant: (a) was under the influence of Sinsan Station No. 12 Sinsan Station located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu; (b) was under the control of the police officer C (33 years old) who was dispatched to the police station B of Yeongdeungpo-gu Police Station B after receiving a report of 112 while drinking alcohol while drinking alcohol, and was under the control of the police officer at the police station B of Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul; and (c) was under the control of the police officer “this spabling, internal house, police officer's respect or refusal to exist; (d) if you are knick, I will know, I will knish, and knife the above police officer's knife.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the maintenance of order and crime control.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Application of statutes on site photographs;

1. Article 136 (1) of the Criminal Act applicable to the crimes;

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] The basic area of the obstruction of performance of official duties: six months to one year and four months [No person specially punished] [Decision of the sentence] [Judgment of the sentence] The defendant is deemed to be subject to suspended sentence of imprisonment, taking into account the circumstances of the crime of this case, the degree of damage caused by the crime of this case, the defendant's age, character and conduct, criminal records, circumstances after the crime, etc.

It is so decided as per Disposition for the above reasons.

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