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(영문) 서울남부지방법원 2019.07.24 2019고단1000

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 February 23, 2019, at around 07:25, the Defendant: (a) at the “C” restaurant located in Geumcheon-gu Seoul Metropolitan Government, and received a report of 112 from customers to b; (b) the head of Geumcheon-gu Seoul Metropolitan Government D District District D District, Seoul Geumcheon Police Station, sent out, expressed a defective desire to hear the statement from the Defendant and his/her daily activities; (c) pushed the above E with the Defendant, and (d) assaulted the F of the developments leading up to the attachment of the same district on three occasions in front of the restaurant.

As a result, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. An investigation report (a police officer's ID camp image analysis);

1. Application of the video CD-related Acts and subordinate statutes

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The crime of this case is committed by assaulting a police officer dispatched after receiving a report, thereby obstructing the performance of duties by the police officer, and the nature and circumstances of the crime are not minor;

The defendant has been punished for the same kind of crime even in around 1999.

A favorable circumstances: The defendant is recognized as committing a crime and is against the defendant.

The degree of tangible power exercised is relatively much severe.

Determination of sentence: The sentence shall be determined as per the order, taking into consideration the above circumstances, the defendant's age, character and conduct, environment, criminal records, and circumstances after committing the crime, etc., and the sentencing prescribed in Article 51 of the Criminal Act.