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(영문) 서울남부지방법원 2019.05.22 2019고단61
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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

At around 00:30 on December 30, 2018, the Defendant: (a) at the Central Children Park of Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu 40-ro 7 Central Children’s Park, the Defendant: (b) sought to present an identification card after hearing the Defendant’s statement in order to identify the circumstances of the case, and (c) assault C’s chest part of the breast-gu, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu 40-ro 7 Central Children’s Park.

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 C by the police;

1. Application of the Acts and subordinate statutes governing documentary evidence of damage;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The act of assaulting a police officer in uniform by the defendant is a crime of which the responsibility for the crime is not weak.

The defendant's crime of this case not only damaged public power, but also affected the morale of police officers.

Defendant has been punished for violent crimes.

The favorable circumstances: the defendant recognized the crime, and the degree of the exercise of force and the obstruction of the performance of official duties seems not to be serious.

There is no history of criminal punishment exceeding a fine.

As above, in full view of the circumstances and the age, character and conduct, motive and background, means and consequence of the crime, the circumstances after the crime, etc. of this case and the sentencing conditions indicated in the records, the punishment as ordered shall be determined.

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