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(영문) 서울남부지방법원 2015.09.11 2015고단2122
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 of the final judgment.

Reasons

Punishment of the crime

On May 15, 2015, at around 12:30, the Defendant: (a) expressed a bath for the reason that the E District Work Assistant F sent by the Defendant after receiving a report of 112 that the Defendant satisfing the Defendant’s satisfing the Defendant’s satisfing; and (b) read “X X-type satfing” and “a dog-X-type satfing the Defendant’s satfling.”

The Defendant continued to 10 minutes in front of the patrol car that the F was on board, and she expressed a 10-minute, “I am f where X should do so,” and re-tighted the above F’s shoulder that gets out of the patrol car, which gets out of the patrol car, for returning home.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Statement of the police statement concerning F;

1. Each written statement of G and H prepared;

1. Application of Acts and subordinate statutes to investigation reports (the relative investigation of shots H);

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act 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] In order to block the light view of public authority and to create a social atmosphere that respect the law and principles, it is necessary to strictly punish the crime of obstruction of performance of official duties. However, in order for the defendant to confession the crime of this case, there is no criminal record of the same kind and suspension of execution, the defendant has no criminal record of the same kind and suspension of execution, and other conditions of punishment as shown in the records and arguments of this case including the defendant's age, character and behavior, environment, circumstances after the crime, etc., the suspension of execution of imprisonment is ordered as ordered within the scope of recommendation sentence.

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