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(영문) 서울동부지방법원 2014.05.08 2014고단173
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

At around 05:30 on December 29, 2013, the Defendant: (a) 15 minutes of 15 minutes of 15 minutes of crypology, and interfered with the Defendant’s legitimate performance of duties regarding crime prevention of police officers, by putting about 15 minutes of crypology, such as “I see why I d', why I d', why I d', what I d', how I d', and how I d't d', how I d', and how I d', and how I d't d', because I d', because I d't d', and how I d't d', because I d', because I d't d', and how I d', d', you d'.

Summary of Evidence

1. Defendant's legal statement;

1. Second police interrogation protocol against the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to written E;

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);

1. Article 62 (1) of the Criminal Act and the reason for sentencing;

1. The scope of punishment by law: Imprisonment for not more than five years;

2. 양형기준상 권고형의 범위 : 징역 6월 ∽ 1년 6월 [공무집행방해범죄군, 공무집행방해, 제1유형(공무집행방해), 기본영역]

3. The decision of sentence shall be made in consideration of the fact that there is a past record of being sentenced to eight times or a fine for violent crimes, including the fact that the person has been sentenced to three times a fine for the same kind of crime as the decision of sentence, but the execution of sentence shall be postponed by taking into account the circumstances, such as the fact that the degree of violence is not much serious, contingent, and reflects on the fact

It is so decided as per Disposition for the above reasons.

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