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(영문) 서울남부지방법원 2019.06.18 2019고단1211

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On December 14, 2018, at least 01:35, the Defendant arbitrarily runs along with a slope E and policeman belonging to the D District of the Seoul Guro Police Station, Guro-gu, Seoul, who was dispatched to the site after receiving a report of 112 from the subway line 7 subway station located in Guro-gu, Seoul, on the ground of the insult of the Defendant, while getting on the back seat at the front seat of the said district, the Defendant was able to take back the head of the Defendant’s seat seat on board the back seat of the said district in Guro-gu, Seoul for the investigation of the insult of the Defendant. In light of the above, the Defendant was able to take off the front seat of the patrol line, kneee and drink, knee and knife the hand, and knife the knife with knife, and knife the said knife’s knife and knife the Defendant’s knife’s k.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on crime control duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F, I, and E;

1. Investigation report (verification of black boxes and CCTV images);

1. Application of statutes, such as site photographs;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspension of execution is an offense that undermines the function of the state’s legal order and requires strict punishment.

In light of the degree of violence used by the defendant against police officers, the criminal liability of the defendant is not easy.

However, the defendant's age, including that he is against the defendant and has no record of criminal punishment.