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(영문) 서울서부지방법원 2015.05.29 2014고단2286
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 21, 2014, at around 03:10, the Defendant: (a) received a 112 report to the effect that he was a customer who does not pay the drinking value at the “C” alcohol house located in Mapo-gu Seoul, Seoul; and (b) subsequently, the Defendant, upon receiving a 112 report, expressed the Defendant’s desire to “E to pay the drinking value and return home, he would be able to pay the drinking value to E; and (c) by assaulting E, such as “this fins, if there is a knife, knife, knife, knife, knife; and (d) assaulted E at one time, thereby obstructing the police officer’s legitimate performance of duties concerning the handling of reported duties by E 112.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports;

1. Reasons for sentencing of Article 136(1) of the Criminal Act and Article 136(1) of the choice of punishment for the crime [the scope of recommending punishment] There is no basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (the decision of sentence] [the decision of sentence] that is a crime during the suspension of execution period, the defendant escaped, and other criminal records of the defendant are determined as per the order.

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