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(영문) 서울북부지방법원 2014.07.08 2014고단1559
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 May 4, 2014, at the Defendant’s residence, Seongbuk-gu, Seoul, 2014, the Defendant reported 112 directly to the Defendant’s his/her his/her his/her husband’s his/her husband’s her son, but his/her her son’s son’s son’s son’s son’s son and her son’s son’s her son

At around 21:40 on the same day, the Defendant: (a) confirmed the details of the report, case details, etc. by D and E belonging to the Seoul C District District of the Seoul C District Police Station, which was dispatched after receiving a report at the above Defendant’s residence at around 21:40; and (b) expressed a desire to “I, I, E, E, and the handling of the instant case, immediately, I, who attempted to make the Defendant file a petition; and (c) was sleeped with the flab of the instant E, which led to the escape of the flab.

As such, the Defendant assaulted police officers, thereby obstructing police officers from performing their legitimate duties in relation to handling reports, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E, D, and F;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment stipulated for the crime of obstruction of performance of official duties against E with heavier punishment);

1. It is so decided as per Disposition for the reason that the suspended sentence is above Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing below).

Reasons for sentencing

1. The scope of punishment by law: Imprisonment for not more than seven years and not more than six months;

2. The range of the sentencing guidelines for recommendations / [type] the crimes of obstruction of the performance of official duties, obstruction of the performance of official duties, coercion (type 1): - Where the degree of violence, etc. is insignificant - where there are many damaged public officials (the scope of the sentencing guidelines) : June -1 year and April (basic area).

3. There are circumstances in which the accused who made a decision of sentence was directly reported and used to exercise violence against the police officers dispatched, etc. However, the accused has a criminal record.

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