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(영문) 서울북부지방법원 2015.06.17 2015고단1177
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 1, 2015, at the front of the Dongdaemun-gu Seoul Building, the Defendant: (a) 19:09, when the police commander of the Dongdaemun-gu Seoul Police Station C police station, who was called out after receiving a report of 112 that the Defendant fright a taxi driver by taking a bath for the Defendant to walk the front window of the above taxi, walk the Defendant’s view that the Defendant would walk the front window of the above taxi; and (b) encourage the Defendant to walk out and walk out other taxi, the Defendant d saw the above D as “the frat of governance frat, frat of the frat,” and frated on the face.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports and crime prevention by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the respective Acts and subordinate statutes of E and F;

1. Article 136 (1) of the Criminal Act applicable to the crimes;

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

1. The scope of applicable sentences: one month to five years;

2. Application of the sentencing guidelines (amended by October 1, 2014) (the scope of recommendation) (the scope of punishment for the obstruction of performance of official duties) to the basic area (six months to one year and four months) of the obstruction of performance of official duties.

3. The crime of this case where the sentence of sentence is determined is that the defendant interferes with legitimate performance of official duties by using violence, such as spitation, etc. on the face of a police officer who sent a taxi article after the defendant spits a spit, etc., and the nature of the crime is grave in light of the methods and circumstances of the crime. However, the defendant is led to confession and reflect, there is no past record of punishment prior to the crime, and other various sentencing factors indicated in the records of this case, such as the circumstances, patterns, circumstances after the crime of this case, the age, character and conduct, and environment of the defendant.

It is so decided as per Disposition for the above reasons.

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