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(영문) 서울남부지방법원 2015.11.06 2015고단3909
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 September 20, 2015, the Defendant: (a) around 21:00 on September 20, 2015, the Yeongdeungpo-gu Seoul Metropolitan City Do Forest, 137 large-scale 9, and the head of the police station affiliated with the B patrol group, asked C, “where toilets are located” and asked C of the location of toilets by drinking alcohol to the head of the police station affiliated with the Seoul Young Military Police Station and the head of the B patrol group, and was issued a light crime so that C, who was informed of the location of toilets, was able to read “influor, if the toilets was influor, if the toilets was influor, and if it was influor, if the vehicle was in operation, walked both arms, and fluored into the center of the road in which the vehicle was in operation, and expressed “I would have mistakenly caused the disturbance of drinking alcohol from the head of the police station.”

The Defendant, as above, committed assaulted by the Defendant, on the ground that he was issued by the police police officer C, and committed assault, such as 5 times the chest of the police officer C by hand.

Accordingly, the defendant assaulted police officers C, thereby obstructing police officers from performing their legitimate duties in relation to crime prevention.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to photograph the suspect in front of the patrol vehicle;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] The sentence of Article 62(1) of the Act on the Suspension of Performance of Official Duties is determined within the scope of the recommended sentence and its execution is suspended, taking into account the following factors: (a) there is no basic area (6 months to one year and four months) [the person who has been specially punished] [the sentence] [the decision of sentence] the degree of assault cannot be deemed severe; (b) the defendant is deeply divided and against his mistake; (c) there is no record of crime; and (d) there is no record of crime; and (e) there is no other circumstance after the crime.

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