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(영문) 서울남부지방법원 2015.11.20 2015고단4364
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 16, 2015, around 22:30 on October 16, 2015, the Defendant was issued a notice of penalty payment as a violation of the Punishment of Minor Offenses Act, which had arrived at the site after receiving a general report from the head of the Seoul Yeongdeungpo Police Station C police station C police station C police officer of Yeongdeungpo-gu, Seoul, for a violation of the Punishment of Minor Offenses Act.

As such, the Defendant, who took a brupt, expressed the desire to the above police officers to “I am flaged,” and committed assault, such as flabing three times in two hands, and flabing the flab of the above police officers, and drinking.

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression and prevention of police officers' crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. E statements;

1. Application of Acts and subordinate statutes concerning investigation reports (related to attachment of motion pictures);

1. The relevant legal provision on the crime, Article 136(1) of the Criminal Act on the choice of punishment, the reason for sentencing of sentence [the scope of recommendation] for the obstruction of performance of official duties shall be limited to the grounds for sentencing of imprisonment [the scope of punishment]. There is no basic area (6 months to one year and four months) (special person] [the decision of sentence] [the decision of sentence] without any reflective power that has been punished several times for the same crime, and the nature of the crime in this case is heavy in that it again leads to the crime.

Punishment shall be determined as per the disposition, in consideration of various sentencing conditions, such as the age, character and conduct, environment and circumstances after crimes.

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