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(영문) 서울북부지방법원 2015.09.08 2015고단1779
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 April 13, 2015, the Defendant, at around 23:25, after receiving a report from Dongdaemun-gu Seoul, that “Isn't take any fright,” and sent a mobile phone to the above D while using a mobile phone camera of the Seoul Dongdaemun Police Station C commander of the Seoul Dongdaemun Police Station, who was called “Isn't take any fright because Is't have any fright right to the portrait,” using a mobile phone camera that D was under the influence of alcohol.

Accordingly, even though the Defendant recommended to delete the video stored in the cell phone and return it to the Defendant, the Defendant continued to get a window even after he gets on the taxi and walked the door, and again, the Defendant expressed that he was recommended by the above D that “I will not take a dynamic image” from the above D, and expressed that “I will not take a ice image” was “I will take it off with a breath and handphone,” and carried the shoulder of the said D in his hand three times.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases and the protection of the host.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Recording notes;

1. Statement of D police statement;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence based on the sentencing guidelines [the scope of the recommended sentence] and the basic area (six months to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties) (the scope of the recommended sentence];

2. The defendant's decision of sentence, despite the past record of the same kind of punishment, takes a bath to the police officer who protects the host and selects the prison term in that he is debrising, but the defendant took a bath under the influence of alcohol and is against his mistake, and the degree of violence is against his will.

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