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(영문) 서울남부지방법원 2019.02.15 2018고단6481
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[Criminal Justice] On September 12, 2017, the Defendant was sentenced to two years of imprisonment with prison labor for the crime of assault at the Seoul Southern District Court for six months, and the said judgment became final and conclusive on September 20, 2017. On July 18, 2018, the Seoul Southern District Court sentenced the Defendant to six months of imprisonment with prison labor for special assault and obstruction of performance of official duties, and the said judgment became final and conclusive on January 22, 2019.

【Criminal Facts】

At around 15:00 on December 1, 2018, the Defendant, on the front of the 'C' restaurant located in Geumcheon-gu Seoul, Geumcheon-gu, he received 112 declarations (NO. 6521) and urged the Defendant to return home from E by the police officer assigned to the Seoul Geumcheon Police Station D (N. 6521), who was called the Defendant, and the said police officer, saying, “I am fri, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am am, I am, I am, I am, I am you am you am you am.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports and investigation reports (verification of suspect-related cases);

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

1. The reasons for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Procedure Act are 10 times the defendant had been 10 times the reasons for sentencing, the special assault crime of the defendant, the crime of the obstruction of performance of official duties in the process of a final and conclusive judgment, which is in the period of suspended execution of the judgment in the judgment of suspended execution, committed the crime of the case in the course of a final and conclusive judgment, and the defendant was sentenced to punishment by taking full account of the various circumstances as shown in the records and arguments of the case, including the defendant's age, character and behavior, environment, motive, means and consequence of the crime,

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