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(영문) 서울동부지방법원 2014.12.03 2014고단3141
공무집행방해등
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

1. On September 16, 2014, at around 06:00, the Defendant was urged to avoid disturbance, such as e-loan 201, in which the victim D residing in Gwangjin-gu Seoul Special Metropolitan City, as one of its own land’s house, e-loan 201, entering the victim’s house in front of the victim’s house gate through the above Dorogate, leaving the door door, making sound string, and cutting off the surrounding things, and sending it out from the victim after opening the door door.

However, the defendant does not respond to it and remains in the 06:15 on the same day, and without good cause, leaves the victim's eviction.

The Gu refused to comply with the Gu.

Accordingly, the defendant leaves from the victim's residence.

The Gu did not comply with the Gu.

2. The Defendant, at the same time and place as set forth in paragraph (1) of the same Article, received a report on the foregoing D’s 112, and received a recommendation for returning home from a slope H affiliated with the Seoul Mine Police Station Gmpis, saying, “Choe, Posium,” and assaulted the H’s party platform by sending it to him.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Written statements of D;

1. Application of Acts and subordinate statutes to investigative reports;

1. Relevant Article 319(2) and (1) of the Criminal Act, Articles 136(1) and 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] Article 62(1) of the Act on the Suspension of Performance of Official Duties (Obstruction of Performance of Official Duties and Compelling of Duties) shall be considered, such as the violation of the basic area (decision of sentence] (decision of sentence] and the violation

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