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(영문) 서울남부지방법원 2014.08.12 2014고단2038
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 5, 2014, the Defendant was locked at the time of arrival at the 146-1 New Month, Yangcheon-gu, Seoul, Yangcheon-gu, Seoul, the destination of which was the taxi, and the Defendant did not break the Defendant, but did not occur but reported to the police 112.

On April 5, 2014, at around 03:45, the Defendant committed assault against D, on the ground that he was shouldered, satisfed, satched, and satisfed, carried out, by the police box of the Yangcheon Police Station, after having received 112 report from the aforementioned new month distance, on the ground that he was unsated, satched, satched,” and that he was ill.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. B written statements;

1. Application of Acts and subordinate statutes to photographs and opinions;

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

1. As to the Defendant’s assertion of Article 62(1) of the suspended sentence under the Criminal Act, the Defendant alleged to the effect that “the Defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime,” and according to the evidence’s reasoning, it is acknowledged that the Defendant was in a state of drinking alcohol at the time of committing the crime, but, in full view of the Defendant’s behavior before and after committing the crime, it cannot be deemed that the Defendant did not have or lacks the ability to

Reasons for sentencing

1. Type 1 (Obstruction of Performance of Official Duties and Compelling of Duties) of the basic area (six months to one year and four months) of the recommended sentence on the sentencing criteria, the scope of recommended sentence for the obstruction of performance of official duties; and

2. Although it is necessary to strictly punish the crimes of obstruction of performance of official duties in order to block the decision of sentence of public authority and create a social atmosphere that respects the law and principles, the defendant has no same criminal power.

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