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(영문) 서울중앙지방법원 2015.02.04 2014고단8833
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, 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 August 25, 2014, at around 02:20, the Defendant: (a) heard the statement of damage to the reporter by the police officer affiliated with the Dongjak Police Station C District of Seoul Dongjak Police Station, who was dispatched to the site after receiving a report that “the customer is an acting engineer,” and (b) took a bath that the Defendant was able to identify the Defendant, who was on the top of the vehicle under the influence of alcohol, and took a b) b) c) c) c (i) c) c (f) c) c) c (i) c) c (f) c) c) c (f) c) c) c (f) c) c) c (f) c) c) c) c (f) c) c) c (f) c) c) c) c) c

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. A detailed statement on the processing of the 112 reported case and a report on conducting on the site;

1. Application of the Acts and subordinate statutes on video recording of damaged photographs and damage scenes;

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

1. Article 62 (1) of the Criminal Act (the following grounds for sentencing)

1. The reason for the sentencing of Article 62-2(1) of the Social Service and Article 59 of the Act on Probation, etc. [Scope of Recommendation] There is no basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (decision of sentence] [decision of sentence] The nature of the crime committed by assaulting a police officer in the course of performing official duties is not good, the defendant has suspended execution and several times of fine due to violent crimes; the defendant is led to confession; the defendant is led to confession; the defendant's age, character and behavior, character and environment, intelligence and environment, motive, means and consequence of the crime, circumstances after the crime, etc. are considered, and the sentence is determined as ordered.

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