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(영문) 서울남부지방법원 2018.12.14 2018고단4176
공무집행방해
Text

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

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

Reasons

Criminal facts

On August 2, 2018, around 15:10 on August 2, 2018, the Defendant complained against C public officials of Yeongdeungpo-gu Seoul Metropolitan Government Office’s illegal parking crackdowns on the Defendant’s vehicle in front of Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, and C, “I wish to find the Defendant’s vehicle, and I wish to find the Defendant’s vehicle in front of Yeongdeungpo-gu, Seoul.”

“In addition, C’s chest part was tightly pushed back once, breath was frightened with double hand, and breath was assaulted by blocking the course of the Defendant’s parking control vehicle operated by C using the Defendant’s vehicle.

As a result, the defendant interfered with the legitimate execution of duties concerning parking regulation of parking regulation officials.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol;

1. Statement made by the police against D;

1. Copies of a public official certificate;

1. A copy of the parking control team;

1. Application of Acts and subordinate statutes to a copy of work schedule;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is not good in light of the circumstances and contents of the crime of this case. Although the defendant was punished several times for violent crimes, the defendant submitted a petition that the damaged public official received the defendant's death from the defendant and sought the defendant's preference, and other circumstances revealed in the course of the record and trial of this case, such as the defendant's age, sexual behavior, and circumstances after the crime, etc., shall be determined as ordered by the order.

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