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(영문) 서울북부지방법원 2019.06.13 2018고단4850
공무집행방해
Text

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

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

Reasons

Criminal facts

On November 19, 2018, at the street in front of Dongdaemun-gu Seoul Metropolitan Government B building, the Defendant: (a) stated that “A police officer affiliated with the Dongdaemun-gu Seoul Police Station C district unit, who was called out after receiving a report of 112 stating that “A person under the influence of alcohol is blocking a parking lot,” she would have the Defendant returned home; (b) stated that “A police officer affiliated with the Dongdaemun-gu Police Station C district unit of Seoul East-gu Police Station, who was called out to have the Defendant returned home, she would have no fatch fatch fatch fatch fatch fatch fat at the crosswalk that occurred on the spot; (c) D recommended the Defendant to return home to the Defendant again, she walked at the crosswalk that occurred on the spot; and (d) caused the fatch fatch to be removed by both hand.

As a result, the defendant interfered with the legitimate execution of duties by police officers on public peace and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on investigation (Attachment of a photograph of damage), and a photograph of damage;

1. Application of investigation reports (on-site CCTV verification) and to the Acts and subordinate statutes to capture CCTVs;

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

1. Article 62 (1) of the Criminal Act;

1. The sentencing reasons under Article 62-2 of the Social Service Order Criminal Act include the fact that the defendant was punished for the same kind of crime, the degree of assault, the circumstances after the crime, the defendant's age, character and conduct and environment, and family relationship, and other various sentencing conditions, such as the punishment as the order.

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