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(영문) 서울중앙지방법원 2015.03.12 2015고단239
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

Around 18:50 on December 28, 2014, the Defendant: (a) at the subway Station platform of the Jongno-gu Seoul, Jongno-gu 6, 18:50, the subway Station; (b) at the subway Station platform of the subway Station of 94-1, the police officer, who was reported to 112, sent to the site by the police officer B of the Seoul Hyeung Police Station B, called the Defendant to stop and return home to the Defendant; and (c) the Defendant stated that the police officer, who was a police officer assigned to the police station B of the Seoul Hyeung Police Station B, wishes to see that “I want to die. I will do so. I want to do so. I will do so.”; and (d) the Defendant stated that the police officer, who was a police officer assigned to the scene, was unable to perform his duties by stating that “I will assault him and I will do so to do so.” The Defendant stated that I will interfere with the performance of duties by the police officer of the above C, who was a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A written statement of C and D;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing of Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] The basic area of obstruction of performance of official duties (6-1-4 months) / [decision of sentence] police officers’ attitude and degree of assault against police officers is not easy.

However, after the defendant has become an adult, there was no previous conviction, and the case has been remarkably divided into this case, and the circumstances such as the family environment of the defendant are determined as ordered by considering comprehensively all the circumstances.

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