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(영문) 서울서부지방법원 2014.07.03 2014고단1117
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 April 15, 2014, at around 00:35, the Defendant was driving EMW car, which is driven by D, a person in front of Mapo-gu Seoul, Seoul, and was found by police officers controlling drinking driving at the above location, and the Defendant was aware of D’s drinking driving at D at the above location, and the Defendant turned down the way to D.

In addition, the Defendant assaulted F, a police officer belonging to the Seoul Mapo Police Station, who was under the influence of drinking driving at the above location, by drinking his/her neck and chest on the ground that F, a police officer belonging to the Seoul Mapo Police Station, was frighting to stop his/her own, and by drinking his/her chest on his/her hand, carried his/her breast, who was a police officer controlling him/her from the next location, and then pushed his/her chest on his/her hand, who was a police officer holding his/her breast on his/her hand, and frights his/her breast, who was a police officer assigned to the traffic safety department of Seoul Mapo Police Station, to stop his/her drinking, and frighting him/her on his/her breast, who was a police officer controlling him/her to stop his/her drinking.

Accordingly, the Defendant committed violence against five police officers, such as F, and interfered with the legitimate execution of duties concerning public security and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

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

1. Each police statement made to F, G, H, I, and J;

1. A photograph of a video upon the face of a crime;

1. Application of Acts and subordinate statutes to camping cambling video CDs;

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

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 (The following circumstances, etc. considered favorable to the reasons for sentencing):

1. Reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] There is no basic area (6 to one year and four months) (6 to one year and four months) of the obstruction of performance of official duties. [Determination of sentence] The sentencing guidelines for the instant crime are as above, and the defendant takes a bath for five police officers without any particular reason.

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