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(영문) 서울동부지방법원 2015.04.01 2015고단152
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that 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 April 14, 2014, the Defendant, at around 15:42, around 15:42, at the National Pension Service, held a meeting with approximately 90 members of the National Pension Service (hereinafter “National Pension Service Committee’s urgent conference for the abolition of the disability grade system”) organized by the Korean Disabled Persons Elimination Society prior to the disability grade examination center in Gwangjin-gu Seoul Special Metropolitan City, and requested an interview with the president of the National Pension Service and entered the disability grade examination center with other participants. However, the police officers belonging to the Seoul Special Police Agency 21 units and D units of the April 2, 2012, who requested the installation protection of the building at the disability grade examination center, were properly prevented the participants from entering the building before the entrance of the building.

The defendant, in his hand, kn't kn't kn's kn't kn't kn't kn's kn't kn't kn't kn't kn't kn's kn't kn't kn't k'

Accordingly, the defendant assaulted police officers in the course of performing official duties, thereby obstructing the legitimate execution of duties concerning the maintenance of police officers' order.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes of photographic pictures (A) and documentary evidence photographics;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for the sentencing of Article 62(1) of the Criminal Act on the suspension of execution [decision of the sentence] : Category 1 (Obstruction of Performance of Official Duties/Performance of Duties) - Where the degree of violence, intimidation, and deceptive scheme is minor, where there are many public officials who have suffered damage to an aggravated element (category 1) / Where there are many public officials who have suffered damage to an aggravated element [the scope of recommendation sentence] 6-1 year and 14 months [the decision of sentence]. However, the defendant was present at an assembly for the rights and interests of the disabled as a working-level of the disabled organization

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