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(영문) 서울북부지방법원 2015.09.09 2015고단1907
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On May 1, 2015, at the “Ccafeteria” located in Dobong-gu Seoul Metropolitan Government, the Defendant solicited the Defendant to return home to the police box affiliated with the Seoul Dobong Police Station D police box, which was called after receiving 112 a report that the proprietor would be able to take the floor. The Defendant used the aforementioned E’s shoulder and arms for the purpose of cutting off the patrol door that occurs on the job and preventing him from getting aboard, and committing assaulting the Defendant, such as selling the shoulder and arms of the above E by drinking in the process of preventing the Defendant.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reports and the maintenance of order by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] The scope of balancing between the applicable sentencing range and the recommended sentencing range (6-1-4 months) of the basic area (6-1-6 months) of the obstruction of performance of official duties: the crime of obstruction of official duties committed in June-1 and April (the decision of sentence] is a crime that undermines the function of the State by nullifying legitimate exercise of public authority, and thus, it is necessary to strictly punish the crime in order to establish the legal order of the State and eradicate the light of the public authority.

However, the fact that the defendant committed the crime of this case, who is dissatising and opposing his mistake, and the defendant's age, character and behavior, environment, motive, means and result of the crime, etc. shall be determined as the same as the order, in consideration of the circumstances after the crime of this case.

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