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(영문) 서울남부지방법원 2015.11.13 2015고단4071
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 of the final judgment.

Reasons

Punishment of the crime

On May 5, 2015, at around 23:04, the Defendant assaulted the police officer on the ground that the “Cmatet” in front of the Jongno-gu Seoul Metropolitan Government “Cret” was 112, and that the “sibnb is drinking and trial expenses” was a bad for the police officer to present his identification card from the police officer E affiliated with the Seoul Hyeung Police Station, who was dispatched to the site after receiving a report from 112, and, on the ground that the said police officer was requested to present his identification card, the Defendant assaulted the said police officer one time sufficiently at the right blus of the said police officer, such as “welst like a fright, fright, frighth, frighth, frighth, and Chewing.”

Accordingly, the defendant interfered with the legitimate performance of official duties concerning the handling of 112 reporting duties by police officers.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 59 of the Act on Probation, etc. [Scope of Recommendation] There is no basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties [decision of sentence] [Determination of sentence] The defendant has the record of being sentenced once to a fine for the same kind of crime, and the defendant needs to strictly punish the crime of obstruction of performance of official duties in order to block the light view of public authority and to create a social atmosphere that respects laws and principles, but there is no record of punishment since 2009, there is no other record of punishment since 209, the defendant's age, character and behavior, environment, background and method of the crime, means and method of the crime, circumstances after the crime, etc. shall be comprehensively considered, and the execution of the sentence shall be suspended as ordered within the scope of recommendation sentence, and the execution of the sentence shall be deferred.

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