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(영문) 서울남부지방법원 2019.01.08 2018고단5361

공무집행방해

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

On September 22, 2018, at around 21:30 on September 22, 2018, the Defendant’s wife assaulted the above D by the Defendant’s wife, who was found at the Cju located in Gangseo-gu Seoul Metropolitan Government, to drink D and alcohol.

On September 22, 2018, the Defendant, at the above Cju on September 22, 2018, instructed the police officer G belonging to the F District of the Seoul Gangseo Police Station, who was called upon D's 112 report, to separate the Defendant and hear the statement by separating the Defendant from the F District of the Seoul Gangseo Police Station, and told G to take three times the chest part of G with his hand, and to take three times the chest part of G with his hand.

As such, the Defendant assaulted a police officer G and interfered with the legitimate performance of duties concerning G crime prevention and investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes to photographs of the upper part of the body;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (All circumstances, such as the confession of a criminal conduct, and the absence of any record of punishment or punishment exceeding a fine, for the same kind of crime);