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(영문) 서울남부지방법원 2019.10.23 2019고단3257
공무집행방해
Text

A defendant shall be punished by imprisonment for 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 June 11, 2019, at around 21:28, the Defendant: (a) tried to cross the 6nd-way vehicular road from the roads of the Seoul Yeongdeungpo Police Station in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu; (b) tried to cross the 6nd-way vehicular road to the 68th-ro, Seoul, which is the widther, under the influence of alcohol; (c) tried to stop it by the Yeongdeungpo Police Station B and police officers C, and assaulted C at one time at his/her face level.

As a result, the Defendant interfered with legitimate execution of duties concerning the prevention of police officers' crimes, prevention of traffic hazards, and maintenance of public peace and order.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. Written statements of D, E, and C;

1. Application of statutes on photographs of damage;

1. Relevant Article 136 (1) of the Criminal Act and the choice of punishment for the crime (the point of execution of public duties) and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant was punished for a crime, such as drunk driving, joint injury, etc., several times, and the instant case also took a dangerous action to cross the sixth line road without permission under the influence of alcohol and used violence against the police officer who prevents him/her, and thus, the nature of the crime cannot be deemed to be negligible.

However, taking account of the fact that the defendant's late and late mistake is recognized, and that there is no punishment heavier than a fine during the period of the trial of this case, the defendant's age and its character and behavior, health status, motive, means and consequence of the crime, together with all of the sentencing conditions, such as the circumstances after the crime, etc., shall be determined as ordered.

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