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(영문) 서울남부지방법원 2019.09.20 2019고단3641
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 21:40 on May 25, 2019, the Defendant: (a) was divingd in the front of the “C” restaurant located in Gangseo-gu Seoul Metropolitan Government, and was reported by 112, and solicited the Defendant to have the Defendant returned to the site; (b) the Seoul Gangseo Police Station D District E and Gyeong F sent to the site after receiving a report by 112, recommended the Defendant to have the Defendant returned to the site; (c) the Defendant “scopic foms, scopic foms, scophs, scophs, scophs, and scophs; (d) the Defendant attempted to use the fatter’s face with the hands-on hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act selecting a penalty;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Circumstances favorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The punishment shall be determined as per the disposition, taking full account of various circumstances, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., which are the sentencing conditions shown in the records and arguments of this case, such as the fact that it is against the recognition of the crime and the fact that there is no criminal record: the appearance of obstruction of performance of official duties is not good, and that the person takes a bath after being brought in the earth to the earth, and that he gets a hump to the floor, etc.

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