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(영문) 서울서부지방법원 2014.09.24 2014고단2135
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 August 6, 2014, at around 00:15, the Defendant: (a) received 112 reporting that a assault case occurred in subway No. 6 subway line No. 4 located in the air route in Eunpyeong-gu Seoul Metropolitan Government, the Defendant: (b) arrested the Defendant as an offender in the crime of assault; (c) arrested the Defendant as an offender in the crime of assault; (d) arrested the police officer in the Seoul Western Police Station F Zone G; and (d) interfered with the legitimate execution of the police officer’s duty and the lawful arrest of the police officer in the act of assault.”

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes on police statements to I, G, and H;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] There is no basic area (6-1-1-4 months) of the obstruction of performance of official duties (6-6 months to 1-4 months), and there is a fact that the defendant was punished twice by a fine due to the obstruction of performance of official duties in around 2001, and the quality of the crime is not good in light of the content of the crime in this case.

However, the sentencing conditions, such as the defendant's confession of the crime, age, character and conduct, environment, motive and method of the crime of this case, circumstances after the crime, etc., shall be determined as per the order, taking into consideration the following factors.

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