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(영문) 서울서부지방법원 2014.06.10 2014고단986
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 21, 2014, at around 22:00, the Defendant was flying the entrance of the said center without any particular reason before the Southern Police Station, Seoul Yongsan Police Station, which was located in Yongsan-gu, Yongsan-gu, Seoul, Seoul, and 11-22, and D, a police officer belonging to the Seoul Yongsan Police Station C District, called the Seoul Yongsan Police Station, who was dispatched after receiving 112 a report, asked the door to open the door, and asked the door "I see, I see, because I do not have any superior, I see, I see, I see, I see, I see, I see, I see, I am.) of the tobacco butts used in his hand while taking the face of the said D, and tried to take the face to drink, and interfere with the legitimate execution of duties concerning D's public security and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] Article 62(1) of the Act on the Suspension of Execution of Official Duties (Obstruction of Performance of Official Duties and Compelling of Duties) and the basic area (6-1 year and April) of the Act on the Suspension of Execution of Official Duties (Determination of Sentence] reflects his mistake, and there

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