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(영문) 서울북부지방법원 2015.11.25 2015고단1032
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

1. Around 23:20 on December 30, 2014, the Defendant assaulted the victim who was demanded to pay taxi charges from the victim C (manam and 44 years old) boarding the Defendant on the front side of the Seoul Western-gu, Seoul, with the breath of the breath, while taking a bath against the victim.

2. When the Defendant was informed of 112 that he did not pay a taxi fee at the time and place under Paragraph 1., the obstruction of performance of official performance of official duties, and the Defendant was forced from the circumstances E (the south, 58 years of age) belonging to the Seoul Southern Police Station D Zone D (the south, 58 years of age) of the Seoul Southern Police Station, and the Defendant was faced with the breath of the above C, and the above E, “I am 70 years of age,” and the police officers, who were able to take a bath, did not immediately frightly die and immediately die. I see that the Defendant was mixed or breathed with the breath of the width, “I am we see.”

Accordingly, the defendant assaulted police officers, thereby obstructing police officers from performing their legitimate duties on the prevention and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of C’s written laws and regulations

1. Relevant Article 136(1) of the Criminal Act, Article 260(1) of the Criminal Act, and Article 260(1) of the Criminal Act, the choice of imprisonment for a crime

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. For the reasons for sentencing of Article 62(1) of the Criminal Act on the suspended sentence, Article 62(1) of the Act on the Suspension of Execution, Article 62(1) of the Act on the Punishment of Crimes of Article 1 (Scope of Recommendation) and Article 62(1) of the Act on the Suspension of Performance of Official Duties [Scope of Recommendation] / Where the degree of assault is minor (Article 1-6 and 7) and the mitigated area (Article 1-8) (Article 62 of the Act on the Suspension of Execution of Execution of Official Duties) (Article 62(1) and Article 62(2) of the Act on the Suspension of Execution of Official Duties / [Scope of Recommendation for the Suspension of Performance of Official Duties] / The crime of obstruction of Performance of Official Duties is a crime that undermines legitimate exercise of public power and undermines the function of the State.

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