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(영문) 서울남부지방법원 2020.01.22 2019고단3642
공무집행방해등
Text

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

1. On May 14, 2019, while the Defendant was under the influence of alcohol on May 12:40, 2019, the Defendant obstructed the victim’s business operation by force for approximately 12 minutes by exposing the disturbance, i.e., moving into the said 1st floor parking lot and leaving the string site, without any particular reason, breaking waste into the said 1st floor, leaving the string site, leaving the string site, preventing the victim. The Defendant obstructed the victim’s business operation by force.

2. The Defendant committed an act of obstruction of performance of official duties, on the same date as “12,” and at the same time and place as “1,” and expressed a desire to a police officer dispatched to the site, and committed an act of assaulting F, such as f, “f,” such as f, f, at the same bit of bitch bitch, f, f, etc., and f, at the same time and place as “f,” and f, at the same time and place as “f,” and f, f, at the left side of F, f.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers regarding the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. C’s statement;

1. Application of statutes on site photographs;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The fact that the liability for the crime is not less severe in light of the content and method of the crime, that the victims have failed to be punished or sentenced, and that there are favorable records of punishment for the crime of injury: the defendant all recognizes the crime.

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