(영문) 서울서부지방법원 2015.01.22 2014고단3271

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2015.01.22 2014고단3271

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 October 13, 2014, at around 00:10, the Defendant reported to the head of Mapo-gu Seoul Metropolitan Government 4 Doldong 27 (Doldong) that disabled persons cannot enjoy alcohol, and reported to the head of Mapo-gu Police Station B District B District, Seoul Mapo-gu, Seoul, and reported to the head of the police station B District B District, and took a bath to C, as soon as possible, to consider the personal information, body status, etc. of the subject of alcohol.

Accordingly, in order for C to arrest the Defendant as an offender in the crime of insult, the Defendant resisted against this, and the Defendant removed C’s KON, sealed C, and obstructed a police official’s 112 report handling of the case and arrest of a flagrant offender.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes in Chapter III of photographs, such as damaged parts;

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

1. Reasons for the sentencing of Article 62(1) of the Criminal Act (see, e.g., circumstances to be considered as the reasons for sentencing) [Scope of recommending] obstruction of the performance of official duties, the basic area (see, e.g., June to April) (see, e., Supreme Court Decision 6-1, Apr.) (see, e.g., Supreme Court Decision 6-1

In light of the fact that the defendant was sentenced to a fine due to violence and the face of a police officer who wears his uniform without justifiable cause under the influence of alcohol, and thereby obstructing the performance of his/her official duties is not good, imprisonment shall be selected. However, the defendant is against his/her mistake and has no criminal record of the same kind, as well as the fact that the defendant is against his/her own mistake and has no criminal record of the same kind, the execution of imprisonment shall be suspended only once, and the sentence shall be determined as ordered.

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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