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(영문) 서울중앙지방법원 2019.11.27 2019고단4075
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant is a person who moves to a electric wheelchairs fishing with a physical disability of Class III.

On June 2, 2019, at around 20:40, the Defendant was under the influence of alcohol in front of Gangnam-gu Seoul, and was under the control of the police box in Seoul, which was dispatched after receiving a report on trial expenses, and was under the control of the police box in front of Gangnam-gu.

The Defendant: (a) took a bath against the foregoing D that he would not take a bath; (b) took a bath against the Defendant, and assaulted the Defendant, such as taking the bridge of the D as electric wheelchairs, which he was on board, and turning about about about 10 meters of the volume, with electric chairs.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Application of CD-related Acts and subordinate statutes

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

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

1. For the reason of sentencing under Article 62-2 of the Probation Criminal Act, the crime is deemed to require eradicating the behavior by considering the following: (a) the Defendant, while under the influence of alcohol, took a bath against police officers who have been in uniform; and (b) obstructed legitimate performance of official duties by pushing ahead on the fourth line road; (c) the nature of the crime is very bad; (d) the crime of obstruction of performance of official duties is a crime that undermines the legal order and functions of the State; (e) the Defendant requires strict punishment; (e) the details of the Defendant’s assault against police officers; and (e) the Defendant’s repeated behavior against persons or police officers under the influence of alcohol while drinking while drinking; and (e) it seems necessary to eradicate such behavior. However, the Defendant has no criminal record exceeding the same kind of criminal record and fine; and (e) there is no other Defendant’s age, character, character, environment, health conditions, circumstances leading to the crime, means and consequence of the crime; and (e) the circumstances after the crime, etc., the punishment shall be determined as prescribed in consideration of sentencing conditions.

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