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(영문) 서울남부지방법원 2019.05.15 2019고단1152

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, 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 March 2, 2019, the Defendant, within the main point of “C” located in Yangcheon-gu Seoul Metropolitan Government on March 2, 2019, committed assault to the said E’s body on the left hand over three-time floor by referring to the following: (a) the security guards affiliated with the Seoul Yangcheon Police Station Dental Police Station that sent out after receiving 112 reported calls that customers wrap; and (b) the said E’s statement from customers within the said main point of view: (c) the Defendant saw that “the typ gue, pa, path, Japan must go.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of F’s written Acts and subordinate statutes;

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 reason for sentencing under Article 62-2(1) of the Social Service Order Act, Article 59 of the Act on Probation, etc., the following: (a) the Defendant committed the crime of this case; (b) the background and content of the crime of this case; (c) the degree of violence; and (d) the damage was not restored; (c) the Defendant committed the crime of obstruction of performance of official duties only once; and (d) the Defendant was punished for the crime of violence, such as bodily injury, assault and obstruction of business; (d) the Defendant committed the crime; (e) the Defendant’s age, career, health status, financial standing, and family