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(영문) 서울남부지방법원 2019.10.31 2019고단2686
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 May 14, 2019, the Defendant took protective measures against the police station, as the police station, by taking the 112 reported telephone, stating that “the Defendant is dangerous for visitors to the road,” around 21:51 on May 14, 2019.

At around 22:45 on the same day, the Defendant: (a) committed assault against the Defendant’s family members in the Gangseo-gu Seoul Gangseo-gu Seoul Police Station B District; (b) upon the request of the Defendant, “doing the Defendant to board the taxi,” and D collected the cell phone device from the head of the above C, which caused the Defendant to board the taxi; and (c) assaulted the face of the said D one time on his hand.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases, and the protection of the lives, bodies, and property of the people.

Summary of Evidence

1. Defendant's legal statement;

1. Application of laws and regulations on police statements concerning C and D;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act on the stay of execution (Article 62(1) of the Criminal Act (Article 62(1) shall be taken into account that there is no particular criminal history for the defendant

1. Social service order under Article 62-2 of the Criminal Act;

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