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(영문) 서울서부지방법원 2014.12.10 2014고단2195
공무집행방해
Text

A defendant shall be punished by imprisonment for 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

Punishment of the crime

On July 19, 2014, at least 16:10 on July 16, 2014, the Defendant: (a) received 112 report from a restaurant located in Eunpyeong-gu Seoul Metropolitan Government “E”, and called “E” and received from a slope G belonging to the F District Unit of the Seoul Eunpyeong Police Station, the Defendant obstructed a police officer’s legitimate performance of duties regarding the handling of the 112 reported case by a hand, including: (b) he was urged to return home from a slope G belonging to the F District Unit of the Eunpyeong Police Station in Seoul, Eunpyeong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. G police statement;

1. Application of H’s written Acts and subordinate statutes;

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

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act are as follows: (a) the overall sentencing conditions shown in the arguments in the instant case, such as the Defendant’s age, character and conduct, and environment; and (b) the recommended sentence specified in the sentencing guidelines shall be determined by comprehensively taking into account

The Defendant made a confession of all the crimes of this case and is in profoundly against the Defendant.

B. The Defendant is making efforts to participate in golding programs after the instant case and to cease drinking.

C. On July 12, 2013, the Defendant was punished on nine occasions by a fine for an injury at the Seoul Central District Court.

From among the records of the crime, the crime was committed six times due to the violence inclination of the defendant, and the two times among them were punished as the same crime as the crime in this case.

The defendant deposited one million won of damages for G.

E. The sentencing guidelines set forth in the sentencing guidelines [the scope of recommendations] The basic area (6 to 1 year and 4 months) of the obstruction of the performance of official duties (the obstruction of the performance of official duties and coercion of official duties)

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