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(영문) 서울남부지방법원 2015.05.28 2015고단1503
공무집행방해등
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

1. On April 9, 2015, the Defendant obstructed the police officer’s legitimate performance of duties on the prevention and suppression of crimes, maintenance of order, and prevention of crimes, and maintenance of order, by assaulting “Cjuk” located in Gangseo-gu Seoul Metropolitan Government, on the part of his head, the Defendant was subject to restraint from E at the seat of the police officer located in the Seoul Gangseo-gu Police Station D District of Seoul Gangseo-gu, Seoul, which was called on the site after being informed of the disturbance under the influence of alcohol.

2. When the Defendant was arrested as a flagrant offender of the obstruction of performance of official duties, at the same time and place as above, and moved to the district by putting the front seat of the patrol vehicle in the front seat of the said patrol vehicle, the Defendant lost the utility of the goods used by public offices by putting the front door of the patrol vehicle up to 10 times by walking the front door of the patrol vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of E;

1. Application of the Acts and subordinate statutes concerning investigation reports (related to patrols and photographs);

1. Obstruction of performance of official duties under Article 136 (1) of the Criminal Act concerning criminal facts;

(o) Article 144(1) of the Criminal Act, and Article 144(1) of the Criminal Act;

U.S. Imprisonment

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] : [Type 1] The basic area for the invalidation of public goods: six months to one year and six months [No person specially punished] [Disposition of multiple crimes]] The sum of the recommended areas for the crime of obstruction of performance of official duties (6 to one year and four months) among the recommended areas for the crime of obstruction of official duties (6 to one year and four months]: Six months to two years (decision of sentence]. The background leading up to the crime of this case, the degree of violence, the defendant's age, character and behavior, environment, and the crime after the crime.

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