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(영문) 창원지방법원 2020.01.16 2019고단2262
일반교통방해
Text

A defendant shall be punished by imprisonment for four 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 August 22, 2019, the Defendant was sentenced to two years of imprisonment with prison labor for the obstruction of performance of official duties at the Changwon District Court on June 2, 2019, and the said judgment became final and conclusive on August 30, 2019.

On May 26, 2019, from around 00:30 to around 01:30 of the same day, the Defendant obstructed road traffic for about one hour, such as refusing to turn on the path and continuing to be used, even though the Defendant demanded a taxi engineer, etc. to cut off the road at the Hanh of the C Pharmacy located in Kimhae-si B.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (to listen to taxi booms images and D telephone statements);

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports;

1. Article 185 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Act, the Defendant’s age, career, character and conduct, environment, motive for committing a crime, and other circumstances indicated in the trial and records shall be determined as ordered by considering the following circumstances.

A favorable circumstances: The Defendant committed the instant crime without being aware of the fact that he/she was prosecuted and tried due to the crime of obstruction of performance of official duties, etc., and that he/she could have been judged simultaneously with the crime of obstruction of official duties, etc.

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