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(영문) 서울북부지방법원 2019.09.03 2019고단2451
공무집행방해
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

On April 11, 2019, at around 20:30 on April 20, 2019, the Defendant assaulted D’s arms at one time by hand, referring to the police box belonging to the Seoul Southern Northern Police Station, which was under the influence of alcohol and consulted with civil petitioners.

Accordingly, the defendant interfered with legitimate execution of duties concerning civil petitioner counseling duties of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to copies of field CCTV images;

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. Although the reasons for sentencing under Article 62-2 of the Criminal Act of the Act on Probation and Order to Attend Course had been 11 times prior to the sentencing, the defendant is led to confession and reflective facts, the defendant needs to correct the error drinking habits of the defendant, and other circumstances revealed in the records and arguments of this case, including the degree of assault by the defendant, the age, character and conduct of the defendant, the environment, motive, means and consequence of the crime, and the circumstances after the crime.

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