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(영문) 서울북부지방법원 2015.10.28 2015고단2399
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

Around 21:50 on June 21, 2015, the Defendant was used at the emergency clinic in front of the off-age hospital located in Seoul Special Metropolitan City, Nowon-gu, in a way that he was under the influence of alcohol, and was used on a bus exclusive route. The Defendant was taken protective measures for the police box C belonging to the Seoul Nowon Police Station B, who was called up after receiving 112 a report, and the above box D, and was sent to the above hospital by the 119 emergency squad and received medical treatment from the doctor by the above hospital, the Defendant saw his own sound while he was sent to the above hospital and received treatment by the doctor by the above hospital. The Defendant was able to take a flash, such as riding down the emergency room, flading the person in front of the emergency room, flading him, flading him with the body of flading him, and flading him with the use of the above C's chest hand.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officials on the handling of reports and the protection of citizens.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement about D and C;

1. Application of Acts and subordinate statutes of E;

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. The reason [Scope of Recommendation] The reason for sentencing the choice of sentence of imprisonment for the obstruction of performance of official duties (Article 1 to 4 years) (Article 1) (Article 1 to 4 years) (Article 1 to 1 of the Act on the Promotion of Performance of Official Duties) (Article 1 to 4 of the Act on the Promotion of Performance of Official Duties) (Article 1 to 1 of the Act on the Promotion of Performance of Official Duties where many public officials suffered damage (Class 1): The crime of obstruction of official duties is an offense that undermines the function of the State by nullifyinging legitimate exercise of public authority, and thus, it is necessary to strictly punish the defendant in order to establish a legal order of the State and eradicate the light of the public authority. The defendant has the same history of being sentenced to a two-year suspended sentence for the suspension of performance of official duties at the Seoul Northern District Court on March 23, 2012, and two damaged public officials.

(b).

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