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(영문) 서울서부지방법원 2015.10.08 2015고단1802
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 June 27, 2015, around 03:20 on June 27, 2015, the Defendant was under the influence of alcohol in a taxi parked on the dry side of Seodaemun-gu Seoul Metropolitan Government Seodaemun-gu, Seoul, and the Defendant reported to the 112 taxi article C, which reported to the 112 string of potential passengers in the taxi, and called the D police officer E, etc. belonging to the D branch where he was under the influence of the string patrol.

The Defendant, on the ground that the police officers called up as above expressed both the Defendant and the Defendant’snoyed, expressed the desire to “A” to “A” and “A” to “I am at one time to the right end of the police officer,” and expressed to “I am to come to me,” and “I am to go to me,” and “I am to go to me,” and “I am to go to me to me to me to me to me to me to me to me to me to me to me, and F me face by drinking to the left hand.

Accordingly, the Defendant interfered with legitimate execution of duties concerning crime prevention and maintenance of social safety order of police officers who wear uniform.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of each police statement statute to F, E, and C;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following circumstances, etc. considered favorable to the reasons for sentencing):

1. Reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] There is no basic area (6 to 1 year and 4 months) of obstruction of performance of official duties (limited to a person who has been subject to special punishment] [decision of sentence] The defendant has the same criminal power as the defendant, without any particular reason, and it is not easy to interfere with the execution of official duties by means of assaulting two police officers while taking a bath for him/her without any specific reason. However, although the defendant's mistake is against his/her own mistake and commits the crime of this case repeatedly under the influence of alcohol, it seems that the defendant committed the crime of this case.

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