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(영문) 서울북부지방법원 2015.07.15 2015고단1514
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, 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 25, 2015, at around 17:43, the Defendant: (a) did not pay the taxi fee under the influence of alcohol in front of the exit of the offset station No. 182, Seoul Special Metropolitan City, Nowon-gu, in front of the exit station No. 182; (b) was urged to pay the taxi fee from the 2 team affiliated with the Seoul Nowon-gu Police Station D Zone D District, which was dispatched to the said place upon receipt of the report of C’s 112; and (c) refused to return the taxi by paying the taxi fee from E and police officers; (d) did so after getting out of the said taxi, the Defendant assaulted by F, such as: (e) a person who was requested to present an identification card; and (e) a person who was requested to present an identification card; and (e) a person who expressed his/her face on

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the 112 reporting processing.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. A written statement prepared in C;

1. Application of the video CD-related Acts and subordinate statutes

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences by law: one month to five years; and

2. Application of the sentencing guidelines (amended by May 15, 2015) (the scope of recommending punishment) (the scope of punishment for the obstruction of performance of official duties) to the basic area (six months to one year and four months) of the obstruction of performance of official duties.

3. The crime of obstructing the performance of official duties is a crime detrimental to the function of the State and needs to be strictly punished. The crime of obstructing the performance of official duties in this case is very serious in light of the form, degree, etc. of assault: Provided, That the defendant deposited one million won for the victimized police officer, there is no record of being sentenced to a suspended sentence or heavier punishment, and other factors of sentencing indicated in the records of this case, such as the circumstances, attitudes, circumstances after the crime, the defendant's age, character and conduct, and environment, shall be determined as ordered, by taking into account all the factors of sentencing indicated in the records of this

It is so decided as per Disposition for the above reasons.

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