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(영문) 서울남부지방법원 2015.06.10 2015고단351
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 January 29, 2015, at around 22:38, the Defendant: (a) received a report from a person drunkd in a d building parking lot in Guro-gu Seoul Metropolitan Government and received a report that he had frobbling and drinking, and sent to the above F, “Chewing franch”; (b) “Franch”; and (c) “nick franch at the bit of bitch,” and “nick at the bit of bitch,” and “nick at the bit of bitle of bitle,” and “nick F’s chest at one time as a drinking.”

Accordingly, the above F arrested the Defendant as a flagrant offender and tried to take the patrol vehicle, and the Defendant assaulted the F’s threshold to walk.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of the Acts and subordinate statutes governing the G production;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. From six months to one year and four months of imprisonment on the sentencing guidelines (the crime group for the obstruction of performance of official duties, the obstruction of performance of official duties, the first category of obstruction of performance of official duties and the basic area);

2. The Defendant, who was sentenced to sentence, had been punished several times for the same kind of crime, thereby again committing the instant crime.

In light of the criminal records of the Defendant, it is difficult to consider the circumstance that the Defendant was under the influence of alcohol at the time of the instant crime as a favorable cause to the Defendant.

However, the defendant's mistake is recognized and divided, and the damaged police officer's punishment is not wanting to be punished by the defendant, and the defendant is currently receiving treatment with alcohol existence, etc. shall be determined by taking into account the circumstances favorable to the defendant.

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