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(영문) 서울남부지방법원 2014.08.08 2014고단2088
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 June 1, 2014, at around 08:30, the Defendant received a request for returning home from a slope C who belongs to the Gangseo-gu Police Station B District Team 2 Team of Gangseo-gu Seoul Metropolitan Government, where he was under patrol service (No. 41) and was dispatched after receiving 112 report among the persons divingd in front of the NA-gu, Gangseo-gu, Seoul Metropolitan Government Office Office Office 1, 936-23 NAF Office 23.

The Defendant, upon receiving a request for returning home from the above C, committed assault by the Defendant, such as flag or flabing “satisfing in flab,” and flabing the flab at the entrance of the parking lot, and flabing the flab.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the protective measures of the police officer in uniform.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements D)

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. Type 1 (Obstruction of Performance of Official Duties and Compelling of Duties) of the basic area (six months to one year and four months) of the recommended sentence on the sentencing criteria, the scope of recommended sentence for the obstruction of performance of official duties; and

2. In order to prevent the decision of sentence of punishment and create a social atmosphere that respects the law and principles, it is necessary to strictly punish the crime of obstruction of performance of official duties. However, in full view of the following factors: (a) the Defendant led to the instant crime; (b) the Defendant has no record of punishment in addition to the previous conviction of punishment; and (c) the Defendant has no record of punishment; and (d) the conditions of all the sentencing specified in the records and arguments of the instant case, including the Defendant’s age, character and conduct, after

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