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(영문) 서울동부지방법원 2014.10.22 2014고단2381
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On August 2, 2014, around 02:30 on August 2, 2014, the Defendant: (a) arrested a police officer, who was a police officer belonging to the said district, who was dispatched after receiving a report that he did not pay or refuse the alcohol value, as a flagrant offender in fraud; and (b) embling E with the said district as a flagrant offender in fraud; and (c) assaulted E at one time his face by taking advantage of the bad hand.

Accordingly, the defendant interfered with the police officer's 112 report processing and legitimate execution of duties concerning arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police of the F;

1. Application of Acts and subordinate statutes to written E;

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. The sentence of recommendation according to the sentencing guidelines under Article 62-2 of the Criminal Act on probation and community service order: The basic area of the obstruction of performance of official duties ( June to April); and

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