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(영문) 서울남부지방법원 2018.11.08 2018고단3502
공무집행방해등
Text

A defendant shall be punished by imprisonment for a term of six months and a fine of three hundred thousand won.

If the defendant does not pay a fine, one hundred thousand won.

Reasons

Punishment of the crime

1. Around May 30, 2018, the Defendant interfered with the performance of official duties: (i) around 01:14, the Defendant was in Gangseo-gu Seoul, Gangseo-gu, Seoul; (ii) around 30, 2018, around C with a 112-report, and (iii) the Defendant was faced with a 112-report, and (iv) the police officer’s lawful performance of duties concerning the police officer’s 112-report handling duties.

2. Around May 30, 2018, the Defendant violated the Punishment of Minor Offenses Act: (a) arrested a flagrant offender in a police box located in Gangseo-gu Seoul Metropolitan Government F on charges of interference with the performance of official duties; and (b) served a police officer under the influence of alcohol on the breath of the police box, such as spiting and spiting the brin of Cys, Cys, Cys and Cys, for about one hour at the government office.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of the main officer;

1. Application of Acts and subordinate statutes to a report of investigation (related to images taken by a police officer);

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, option of imprisonment), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance for cancellation of official duties, selection of fines) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act (limited to imprisonment with prison labor);

1. In full view of the following circumstances in the sentencing of Article 334(1) of the Criminal Procedure Act, the sentencing conditions in the records, such as the Defendant’s age, occupation, sex, motive and means of the crime, and the circumstances before and after the crime, the punishment as ordered shall be determined.

Unfavorable circumstances: Crimes that undermine the function of the state's legal order and require strict punishment, and the defendant is punished for six months of imprisonment and one year of suspended execution by obstructing the execution of official duties.

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