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(영문) 서울남부지방법원 2017.12.06 2016고단3251
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 30, 2016, at D convenience stores located in Yangcheon-gu Seoul Metropolitan Government on June 30, 2016, on the grounds that the Defendant obstructed convenience stores business from the security guards F of the Seoul Yangcheon Police Station E District, which received 112 reports, thereby being subject to a disposition of notification of payment of penalty for violation of the Punishment of Minor Offenses Act and intending to resist to the above convenience stores, the Defendant was subject to the disposition of notification of payment of penalty for violation of the Punishment of Minor Offenses Act, and the Defendant was prevented from the above F, thereby obstructing the police officer’s legitimate performance of duties concerning handling reports by assaulting the Defendant, such as: (a) intending to knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne’

Summary of Evidence

1. Application of the witness F and G’s statutory statement statutes;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The defendant has a record of being punished by a fine for the same kind of crime in around 2004; the crime of obstructing the performance of official duties is highly likely to be punished by the act of light of public authority and disturbing legal order; the defendant does not seem to have an attitude against his/her gender; and other factors for sentencing indicated in the records, such as the defendant's age, sexual behavior, environment, etc., shall be determined as ordered by the sentence.

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