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(영문) 서울남부지방법원 2019.01.08 2018고단5180

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for four 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 29, 2018, at India located in Yeongdeungpo-gu Seoul Metropolitan Government on September 08:03, 2018, the Defendant: (a) was solicited to return home from police officers E, etc. belonging to the Seoul Young Military Police Station D District D District of Seoul Young Military Police Station, who was under the influence of alcohol and called up after receiving 112 reports; (b) was skeing the entrance of the Defendant’s cell phone store by Gap himself, who was sent back to the Defendant; and (c) took a bath to E; and (d) the Defendant took care of the foregoing E, and took a part of E’s life tag by drinking the left side.

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. Application of Acts and subordinate statutes concerning police statements to E;

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 criminal conduct and the extent of violence is relatively minor);