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(영문) 서울남부지방법원 2019.01.18 2018고단5970

공무집행방해

Text

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

However, the execution of punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On November 2, 2018, the Defendant received 112 reports from the Cju station located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, on November 2, 2018, stating that “Woo Park-man will perform alcoholic beverages, and will have been urged by the police officer E belonging to the Seoul Geumcheon Police Station D box, who called out, to return home from the police officer E belonging to the Seoul Geumcheon Police Station D box, and did not comply with this, and carried out a bath to the said E, and carried out a bath to the said E, and pushed the breast part of E with both hands.

As such, the Defendant assaulted police officers E to interfere with legitimate performance of duties concerning the prevention of crimes and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each statement;

1. Application of Acts and subordinate statutes to investigation reports and telephone communications;

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. The following conditions of sentencing under Article 62-2 of the Social Service Order Criminal Act and the Defendant’s age, family relationship, character and conduct, and circumstances before and after the crime were committed shall be comprehensively considered and determined as the order.

Unfavorable circumstances: Crimes of obstruction of performance of official duties are crimes that undermine the function of the state's legal order and require strict punishment, and the degree of violence committed to police officers is not weak.

The favorable circumstances: The defendant's wrong recognition and reflective attitude, and there is no record of crime exceeding the fine.