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(영문) 서울남부지방법원 2019.02.13 2018고단6366

공무집행방해

Text

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

On September 1, 2018, at the front of Geumcheon-gu Seoul Metropolitan Government, at around 00:49, the Defendant: (a) expressed a desire to breathize her family members; (b) continued to exercise violence against her family members; and (c) prevented the Defendant from doing so; and (d) expressed the said D’s desire to “n't their names to be known, shes,” and expressed her hand at one time the right-hand knick with the right-hand knives of the 112 reported case, and obstructed a police official’s legitimate performance of duties regarding handling the 112 reported case.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the investigation report (on-site confirmation of cell phone display images);

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

1. The reason for sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] There is no basic area (6 to 1 year and 6 months) of the obstruction of performance of official duties (decision of sentence] The reason for and content of the crime of this case, degree of violence, degree of violence, unrefisoned damage, recognition of and reflects on the crime of this case, criminal records up to the transfer of this case, other criminal records, defendant's age, career, health status, financial standing, and all other circumstances favorable or unfavorable to the defendant as shown in the pleadings, such as family relation, shall be comprehensively considered.