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(영문) 서울남부지방법원 2014.08.14 2014고단1727
공무집행방해
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 became final and conclusive.

Reasons

Punishment of the crime

On April 18, 2014, at around 20:10, the Defendant sent to the Yeongdeungpo-gu Seoul Metropolitan Government New-ro 28-1 On the street, and received 112 reports on the detection of stolen vehicles, and obstructed the Defendant’s lawful performance of duties regarding the handling of the police officer’s 112 report on the ground that C was at the scene after receiving the said 112 report, and did not take the Defendant into the seat of the patrol vehicle, while going to the scene, he was in charge of the duty of reporting the 112 report.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Reasons for the sentencing of Article 62(1) of the Criminal Act on the suspension of execution [Scope of Recommendation] There is no basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (decision of sentence] 6 months of imprisonment, suspension of execution 1 year of suspended execution (decision of sentence is considered as having no history of the same kind of crime, the degree of violence is relatively minor, and the crime appears to be somewhat contingent, in the state of the principal behavior, etc.)

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