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(영문) 서울서부지방법원 2015.10.01 2015고단1782
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 June 29, 2015, at around 22:30 on June 29, 2015, the Defendant was asked about the instant case from the slope E belonging to the D District District of Eunpyeong Police Station, which was called out after receiving a report from 112 on the street in front of the convenience store “C” located in Eunpyeong-gu Seoul, and called “C”, and the Defendant was asked about the instant case from the slope E belonging to the D District of Eunpyeong Police Station, which was called out, the Defendant told “A” to read “A”, “A”, “A” and “A” to take a bath to read “A”.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A statement of F, G and H;

1. Recording notes;

1. Application of Acts and subordinate statutes to a copy of investigation report (related to the attachment of a report on 112 case processing statement), and a copy of the report processing case;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. The reason for sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] There is no basic area (6-1-1-4 months) of the obstruction of performance of official duties (6-6 months to 1-4 months), and no person [special person] [Pronouncement Decision] Defendant again committed the instant crime even though he had a record of being punished by a fine due to an act of violence.

However, the sentencing conditions indicated in the records, such as the fact that the defendant recognized the mistake and reflects, the fact that the defendant has no record of punishment other than the fine, and the background of the crime in this case, the age, character and conduct of the defendant, and the environment, shall be determined as ordered.

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