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(영문) 서울서부지방법원 2014.11.05 2014고단1779
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, 2014, around 18:20 on June 27, 2014, the Defendant interfered with legitimate execution of duties by assaulting the police officers on the ground that E, a police officer affiliated with the Seoul mid-gu Police Station D police box, who was called out after being reported to 112, asked the Defendant personal information, circumstances of accidents, etc., of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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. On September 14, 2012, the Defendant was sentenced to a fine for assault by the Seoul Western District Court, and was punished on ten occasions in total.

(c) Where the degree of violence, intimidation, and deceptive scheme is minor, in the mitigated area (one month to eight months) (special mitigation), which is set forth in the sentencing guidelines for the obstruction of performance of official duties.

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