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(영문) 서울서부지방법원 2014.08.19 2014고단1530
공무집행방해등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 15, 2014, at around 22:09, the Defendant reported that a proprietor prior to the village bus stop located in Eunpyeong-gu Seoul, Eunpyeong-gu, Seoul, 396-12 was blocking the village bus, and confirmed the details of the report against D, a village bus manager, and the Defendant sent out, thereby obstructing the victim’s performance of duties, such as “Chewing, fluoring fluoring fluor, and fluoring fluoring fluoring fluor, and fluoring fluoring fluoring fluor of a bus.” On the ground of a community bus article, the Defendant: (a) flusing the fluor of the Green fluor; (b) fluoring the fluor’s fluorial fluor; and (c) fluoring the fluor’s fluorial fluor’s fluoring, and fluing the chest.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. Written statements of D, E, and C;

1. A report on investigation;

1. Application of each statute on photographs;

1. Articles 136 (1) and 311 of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties);

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act (The following circumstances, etc. considered favorable to the reasons for sentencing):

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] The grounds for sentencing under Article 62-2(1) of the Act on the Performance of Official Duties shall be excluded from the category 1 (Obstruction of Performance of Duties) and the basic area (6 to 1 year and 4 months) (special person) of the same Act

[Determination of Sentence] The sentencing criteria for the instant crime are as above.

It is not easy that the criminal defendant committed crimes such as exercising violence against two police officers without any particular reason and taking a bath, but has a record of criminal punishment several times.

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