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(영문) 서울북부지방법원 2019.07.11 2018고단4881
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Provided, 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 02:30 on November 17, 2018, the Defendant: (a) caused the instant taxi to be set off, thereby blocking the operation of the said taxi on the road, and obstructed the operation of the said taxi on the ground that D taxi refuses to take passengers in front of the “C” located in Jung-gu Seoul Metropolitan Government, Seoul.

The Defendant: (a) discovered the aforementioned situation while carrying out the patrol by the police box in Seoul Central Franc Police Station Embox; (b) took the Defendant’s her bath to the said F, who was satisfing back to home; (c) took the said F’s satisf to walk the said F’s satisfe at one time; and (d) assaulted the F’s satisf on two occasions by hand.

As a result, the defendant interfered with legitimate execution of duties of police officers on crime prevention and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of field photographing CD-related Acts and subordinate statutes

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

1. The reason for sentencing under Article 62(1)(c) of the Criminal Act is that the Defendant committed the instant crime, which is disadvantageous to the Defendant, even though the Defendant had been sentenced to a suspended sentence of imprisonment due to violent crimes, despite the fact that the Defendant committed the instant crime even though he had been sentenced to a suspended sentence of imprisonment two times or more.

However, the fact that the defendant seems to have recognized and reflected the crime of this case, and that the victim does not want the punishment of the defendant is favorable to the defendant.

In addition, the defendant's age, character and conduct, environment, health conditions, the circumstances of the crime of this case, and the circumstances after the crime shall be determined as per the order, comprehensively taking into account various sentencing conditions.

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