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(영문) 서울남부지방법원 2020.10.30 2020고단3306
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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 4, 2020, the Defendant was sentenced to one year of imprisonment with prison labor for a special injury at the Seoul Southern District Court (Seoul Southern District Court) and the judgment became final and conclusive on August 10, 2020.

1. At around 15:00 on September 24, 2019, the Defendant, a special obstruction of performance of official duties, served as a public official D (Nam, 59 years of age) belonging to the Guro-gu Seoul Metropolitan Government CFC Team, which regulates on the street, intended to collect goods displayed by the Defendant. As such, the Defendant served as a dangerous plastic customer ( approximately 100cm in length, about 40cm in width, about 50cm in height, about 50cm in height) toward the face of the said D.

Accordingly, the defendant carried dangerous objects and interfered with legitimate execution of duties concerning the crackdown on the occupation of public officials.

2. The Defendant, at the time, at the place specified in the preceding paragraph, and at the time, at the time and place, the victim E (ma, 25 years old), who is an employee of the service company accompanying the duty of controlling the street points of the public officials belonging to the Guro-gu Office C Team, intended to collect the items displayed by the Defendant, was charged once a part of the victim’s clothes, which is a dangerous object ( approximately 100cm in length, about 40cm in width, about 50cm in height, about 50cm in height).

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A statement prepared by the F;

1. Previouss before and after judgments: Application of criminal records, replys to criminal records, written judgments and written rulings (Seoul Southern District Court Decision 2019 High Court Decision 2505, Seoul Southern District Court Decision 2019No2496, Seoul Southern District Court Decision 2020Do8323);

1. Relevant provisions of the Criminal Act and Articles 144(1) and 136(1) of the Criminal Act, Articles 261 and 260(1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment for a crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the defendant is a dangerous object.

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