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(영문) 서울중앙지방법원 2019.01.24 2018고단7309
공무집행방해
Text

A defendant shall be punished by imprisonment for 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

Punishment of the crime

On October 22, 2018, at around 15:00, the Defendant was found to be a defendant while taking protective measures within the police box located in Gwanak-gu in Seoul Special Metropolitan City, the Defendant was pushed away the Defendant’s chest, a police officer affiliated with the Seoul Mak Police Station C police box that prevents him/her, and pushed the Defendant’s chest part of the police officer E, a police officer affiliated with the same police box that prevents him/her, by hand.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on crime prevention and suppression.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and D;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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;

1. Although there are many criminal records of the same kind of crime for the reason of sentencing in Article 62-2 of the Probation Criminal Act, the probationary sentence shall be sentenced in consideration of the favorable circumstances in consideration of the fact that the family members want to repent of their mistakes, and that the police officers D also want to find a preference, and that the police officers D also want to do so.

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