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(영문) 서울남부지방법원 2019.01.08 2018고단5452

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 00:50 on October 6, 2018, the Defendant: (a) performed the performance of official duties on the ground that under the influence of alcohol around 00:50,00, at the center of Gangseo-gu, Gangseo-gu, Seoul Metropolitan Government 5, 2 Marobro basin 2, the issue of taxi drivers and fare, and assaulted a taxi engineer, upon receiving 112 report by the Seoul Gangseo-gu Police Station B, etc., and urged the Defendant to pay for the fee and return home; (b) “I amb and draw, dick, and draw,” and “I amb and draw, I am back the patrol vehicle to move after completing the report processing while doing so, and when C ambling the Defendant, I am the chest, and ambling the Defendant at the time of drinking once.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

2. When the Defendant was arrested in a flagrant act at the time and place specified in paragraph (1), and was able to take a bath while getting on the back seat of the patrol vehicle in B zone, the Defendant damaged the objects used by public offices to walk the wall between the front and rear seat of the patrol vehicle and walk up on several occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Written statements of D;

1. Application of Chapter two Acts and subordinate statutes to police vehicles damage photographs;

1. Relevant Article 136 (1) and Article 141 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Selection of imprisonment, taking into account the fact that the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is not good and that there is a record of punishment for the same kind of crime, but the sentencing factors indicated in the trial process of this case, such as the defendant's age, character and behavior, environment, criminal record, etc., including the confession of the crime, etc., shall be determined as ordered