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(영문) 서울동부지방법원 2014.09.17 2014고단2336
공무집행방해
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 of the final judgment.

Reasons

Punishment of the crime

On August 8, 2014, at around 01:10, the Defendant: (a) set up a door in front of the Macheon-ro 51-ro 3 (Macheon-dong) in Songpa-gu, Songpa-gu, Seoul, and avoided disturbance; (b) was urged by C to return home from the circumstances belonging to the Seoul Songpa Police Station, in which he was called upon 112, and was urged by C to return home; (c) the head of C on one occasion by drinking; (d) entered into his left arms; and (e) assaulted C’s head by three times.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report handling.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of statutes to photographs of victimized police officers;

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Article 62 (1) where a police officer asked a police officer to ask a defendant for his/her illness; Article 62 (1) of the Police Officers have no particular reward except for his/her aiding and abetting; Article 62 (1) of the Police Officers has no criminal record of a fine once after

1. The sentence of recommendation according to the sentencing guidelines under Article 62-2 of the Criminal Act on probation and community service order: The basic area of the obstruction of performance of official duties ( June to April); and

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