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(영문) 서울남부지방법원 2015.10.28 2015고단3514
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 July 4, 2015, at around 16:00, the Defendant: (a) was a vehicle parking issue in front of the 10 autopsy located outside of the Gangseo-gu Seoul Gangseo-gu, Gangseo-gu, 443-83 Kimpo Airport; (b) was arrested and boarded in flagrant offenders to B District Zone B slope C, etc. on suspicion of having flabed his bridged and pushed off; (c) went to another place on the same day; (d) the Defendant did not enter the office before the B Zone B Office, but went to another place on the same day; and (d) took a bath, such as “I am dead, I am this son.” (e.g., the Defendant flabed C’s hand, and obstructed the legitimate execution of duties related to the arrest of a flagrant offender by assaulting, plucking, plucking, plucking, etc. of the police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and D;

1. Application of Acts and subordinate statutes of brusent photographs;

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 Defendant, who was sentenced to punishment, has been sentenced several times of punishment due to past violent crimes, and in particular, even though he had the record of being punished for the same obstruction of performance of official duties, he committed the instant crime, and the degree of the obstruction of official duties cannot be deemed to be minor.

Although severe punishment against the defendant should be imposed, in consideration of the fact that the defendant appears to have committed a contingent crime, that the error is divided, and that the defendant has no criminal record of suspended execution or more than a suspended sentence due to a crime of injury by occupational negligence before his old age, he shall be sentenced to the punishment as set forth in the order.

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