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(영문) 서울중앙지방법원 2019.11.21 2019고단5790
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 one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On August 5, 2019, at around 21:34, the Defendant: (a) expressed the desire to “C” in the vicinity of the Gyeonggi-gu Gyeonggi-si, the Gyeonggi-gu, the Gyeonggi-gu, the Gyeonggi-do, where the Defendant 112 reported the Defendant’s daily behaviors, and was asked for the background of the report from E in the circumstances of the D District of the Gyeonggi-gu, the Gyeonggi-gu, the Gyeonggi-do, where he was called to the site, and continued to read “Man Gun,” “I would have been killed,” and “I would like to be asked that “I would have been killed, I would have to do so immediately.” On the other hand, I would like to be asked that I would not take a bath from the above E, and, on the other hand, I would like to see the left part of the E, which was flashed one time by assaulting the left part of the said E, and the two hand.

As a result, the defendant received 112 reports and interfered with legitimate execution of duties concerning the prevention, suppression and investigation of the above police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [Scope of Recommendation] The basic area of the obstruction of performance of official duties: Reduction according to the reason for mitigation (a person with a special imprisonment] from June to June (a year and June). From January to August [a] of the instant crime, the motive and background of the instant crime, the degree of violence exercised, the defendant's mistake is recognized, the defendant's age, character and conduct, criminal records (a number of fines have been imposed due to violence), and the circumstances after committing the instant crime, etc., the court sentenced the suspension of execution of imprisonment as ordered by the Defendant.

It is so decided as per Disposition for the above reasons.

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