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(영문) 서울북부지방법원 2020.03.11 2019고단3582
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 became final and conclusive.

Reasons

Punishment of the crime

At around 15:00 on July 22, 2019, the Defendant: (a) conducted cleaning and disposing of recyclables that were stored in the park located in the apartment of the Defendant’s house at the C Community Center cleaning team at the Gangnam-gu Seoul, Gangnam-gu, Seoul; (b) mispercing that he/she had a bank that was hidden in his/her house; (c) thereby making an assault to the said community service center, such as a public official belonging to the said community service center, d having a sound, and d having the books kept on the floor, and interfered with the legitimate performance of duties concerning the civil petition response of the public official of the community service center for about 30 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Statement made to D by the police;

1. Application of video CD-related Acts and subordinate statutes

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

1. The reason for sentencing under Article 62(1) of the Criminal Act, despite the past record of the punishment of suspended execution due to obstruction of performance of official duties, the defendant again commits the crime of this case, the injured public official does not want the punishment of the defendant, and the defendant shows the attitude of opposing himself in the confession of the crime, the circumstances, methods and results of the crime, the circumstances before and after the crime, the age and health conditions of the defendant, etc. shall be comprehensively determined as above.

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