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(영문) 서울서부지방법원 2019.03.28 2018고단3246
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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

On August 20, 2018, at around 19:25, the Defendant was compelled to take a bath for pedestrians under the influence of alcohol in a forest path park of Mapo-gu Seoul Mapo-ro 160 (Seodong-dong), and was called out after receiving a report on 112, to go back from the police box belonging to the Seoul Mapo-gu Police Station B police box, and to go back to the police station, and tried to drink while refusing to go back.

The Defendant committed an assault, such as the defect that the above C et al. attempted to catch the Defendant’s arms and move out of the park, and the flobbbing of the above C by hand, thereby obstructing the police officer’s legitimate execution of duties concerning the handling of the 112 reported case.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. E statements;

1. 112 Report details, application of Acts and subordinate statutes on site photographs;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The grounds for sentencing under Article 62(1) of the Criminal Act, following the suspended sentence, and other conditions of sentencing specified in the argument of the instant case, shall be determined as the same as the order.

Unfavorable circumstances: The fact that the instant crime itself is not good in the nature of the crime, the fact that it was not prepared by the victimized Police Officers, the fact that violence-related force is more favorable to several times: The extent of exercising force is relatively minor, the fact that there is no record exceeding fines, and the fact that the instant crime is against the detention life for a certain period.

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