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(영문) 서울서부지방법원 2014.08.12 2014고단1528
공무집행방해등
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 June 13, 2014, at around 21:32, the Defendant: (a) stated that “F, a police officer belonging to the Seoul Bupyeong Police Station E-gu Seoul, attempted to arrest himself/herself as a flagrant offender on the ground that he/she was under the suspicion of assault against C, during the dispute with the victim C who is a de facto spouse in his/her house located in Eunpyeong-gu Seoul, Seoul, upon receiving the report of 112 from the victim C, who was a de facto spouse in his/her house (hereinafter referred to as 52 years old); (b) stated that “F, a police officer belonging to the Eunpyeong Police Station E-gu, attempted to arrest himself/herself as a flagrant offender,” and obstructed F, a police officer, by assaulting his/her back to the back and walking back his/her back, etc., thereby obstructing the legitimate execution of duties concerning the crime prevention

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes of D;

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 circumstances, etc. considered as the reasons for sentencing):

1. The reason 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 1 year and 4 months) of the obstruction of performance of official duties (the scope of recommendation] [decision of sentence] The sentencing guidelines for the crime of this case by the defendant is as above. The sentencing guidelines for the crime of this case by the defendant are as follows. The defendant, under the influence of alcohol, is not good to commit the crime of this case in which the defendant is unable to perform his official duties by taking a bath to the police officer who has worn a uniform without any justifiable reason while walking in several times, and there are multiple violent fines and two suspended sentences. In light of the fact that the defendant was sentenced to imprisonment, the defendant is selected to imprisonment with prison labor in consideration of the fact that there is no same criminal power, and that there is no depth of his or her wrong character, such as the defendant's age, character and behavior, and environment, and other various circumstances serving the sentencing conditions of this case.

Public Prosecution Rejection Parts

1. The facts charged.

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