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(영문) 서울서부지방법원 2014.10.01 2014고단2215
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. Around August 6, 2014, the Defendant insultingd the victims, including the Defendant, who were sent to the Defendant after receiving the report of 112 from the 66 mountain apartment in front of Yongsan-gu Seoul, Yongsan-gu, Seoul, on August 6, 2014, that the taxi son was fluored on the fluor of the 66 mountain apartment, and the Defendant gave his personal information, etc., to the victims, including the Defendant, “I can see this fluor, I can see this fluor, I fluor, I fluor, I fluor, I fluor, I fluor, I fluor, I fluor, I fluor, I fluor, I fluor, I fluor, I fluor, I fluor, I fluor, I fluor

2. The Defendant, at the same time and place as the preceding paragraph, instructed the Defendant that the foregoing D would not take a bath, and asked his/her personal information, etc. again, obstructed the Defendant’s legitimate performance of duties regarding the handling of reported cases, etc. by a police official who was pushed down his/her chest and part on several occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statements of E and D;

1. B written statements;

1. Application of each statute on filing of a complaint;

1. Articles 136 (1) and 311 of the Criminal Act applicable to the crime;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the sentencing guidelines for recommendation [the scope of the sentencing guidelines] the basic area (six months to one year and four months) of the obstruction of the performance of official duties (the obstruction of the performance of official duties) (the scope of the sentencing guidelines];

2. The sentence shall be determined as per the order, taking into consideration all of the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the confessions and reflects of the accused, the age of the accused, character and conduct, etc., by insulting two police officers in the course of the decision-making process of sentence, and assaulting one of them, and the criminal records of assault-related punishment against the accused are three times.

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