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(영문) 서울북부지방법원 2019.11.22 2019고단2565

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

except that 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

At around 14:40 on May 29, 2019, the Defendant assaulted “C” restaurants located in Seoul, including, but not limited to, the following: (a) during the process of checking whether the Defendant, prior to the restaurant, was taking advantage of the electrical difficulties left ahead of the restaurant, who was a public official E in charge of cleaning administration of the DNA government office and affiliated public official; and (b) during the process of checking whether the Defendant took advantage of the electrical difficulties left ahead of the restaurant; (c) the Defendant, by hand, committed assault on the parts of the above E’s armial part; and (d) dump

Accordingly, the defendant interfered with the legitimate execution of public officials' duties on the crackdown on illegal dumping of waste.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. Statement to E by the police;

1. A criminal investigation report (referring to a medical opinion and accompanied by a photograph of damage), a written opinion, and a damaged photograph;

1. The application of Acts and subordinate statutes to investigative reports (verification of a record of 112 Declaration), and a statement of 112 Declarations;

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

1. The suspended sentence of Article 62(1) of the Criminal Act prevents a public official from performing his/her duties by assaulting, such as breathing, etc. of a public official who maintains the illegal dumping of waste for the reason of sentencing.

However, considering the favorable circumstances that have no criminal records of the same kind of crime, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and other circumstances shown in the records and arguments of this case, such as the circumstances after the crime, shall be determined as ordered.