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(영문) 서울북부지방법원 2015.10.21 2015고단2909
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On July 27, 2015, around 15:00, the Defendant, at the front of Nowon-gu in Seoul Special Metropolitan City, expressed the desire to “C” to the competent officer of Nowon-gu, Seoul Special Metropolitan City, which was showing a situation to solve a civil petition related to garbage at the location, and continued to d's chest with a cellular phone used by the Defendant, which was her hand, “Cropos anywhere, bit bit bit bit bits, and all public officials like the bit bit bits.”

Accordingly, the defendant assaulted the above D and interfered with the legitimate execution of duties concerning the resolution of civil petition by the competent officer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of E;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] The scope of balancing between the applicable sentencing range and the recommended sentencing range (6-1-4 months) of the basic area (6-1-6 months) of the obstruction of performance of official duties: the crime of obstruction of official duties committed in June-1 and April (the decision of sentence] is a crime that undermines the function of the State by nullifying legitimate exercise of public authority, and thus, it is necessary to strictly punish the crime in order to establish the legal order of the State and eradicate the light of the public authority.

However, in light of the fact that the defendant committed the crime of this case, and his mistake is repented and reflected, that the victim does not want the punishment of the defendant, and the age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined by considering the defendant's age, character and behavior, environment, motive, means and consequence, etc.

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