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(영문) 서울남부지방법원 2014.05.14 2014고단918
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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 March 20, 2014, at around 21:18, the Defendant got off the taxi zone located in Guro-gu Seoul Metropolitan Government due to the problem of taxi rate, and the Defendant paid the fare, and subsequently was demanded to return home from E to the police officer belonging to the said district group who was in uniform. On March 20, 2014, the Defendant sent E to the Defendant, “I am out of the border, why I am kid?? I am the Defendant.”

At around 21:21 on the same day, the Defendant assaulted a police officer performing official duties, such as “I am, I am, I am the police, I do not am. I do not am. I am. I do not am. I am. I am. I am. I am am. I am. I am. I am. I am. I am am. I am. I am. I am. I am. I am. I am on the wall and am. I am. I am..

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement to E by the police;

1. Application of investigation reports (the closure photographs of the obstruction of performance of official duties and CD attachment reports) Acts and subordinate statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the punishment for the obstruction of performance of official duties]. The punishment for the obstruction of official duties shall be limited to the punishment for the obstruction of official duties. The punishment for the obstruction of official duties shall be limited to six months to one year;

2. Although there is a need to punish the Defendant for the crime of obstruction of the performance of official duties for the purpose of establishing the legal order of the country where the sentence was rendered and eradicating the light of public authority, the Defendant’s confession and reflects the mistake, the Defendant appears to have committed the crime of this case in a state of drinking, the Defendant has no record of committing the same crime, and there is no record of criminal punishment in the Republic of Korea, and the Defendant has no record of criminal punishment in the Republic of Korea, and 50 days for the crime of this case.

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