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(영문) 서울남부지방법원 2018.12.12 2018고단4426
공무집행방해등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around August 22, 2018, the Defendant assaulted the victim E ( South Korea, older than 21 years old) who was waiting for buses at the bus stops located in Guro-gu Seoul, Guro-gu, Seoul, ro 62 Madbro Cub, with a view to drinking alcohol without any justifiable reason, and drinking the victim’s back head, title, etc. three times by drinking.

2. On August 22, 2018, around 00:10 on August 2, 2018, the Defendant: (a) spited G on the face of G on the ground that he was asked about the background of the instant case at the border of the police station in Seoul, Guro-gu, Seoul, by having received a report 661 Home Ro-ro, Guro-gu, Guro-gu, Seoul, about 112, and assaulted the Defendant on the ground that he was spiting of G; and (b) spiting off the right-hand buckbucks of G to left.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes of E;

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of punishment for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act of the community service order were led to confession by the Defendant, but the Defendant was not guilty of seven times, and the nature of the offense was not minor, and the Defendant’s age, sexual conduct, environment, motive, means and consequence of the offense, and other circumstances indicated in the instant records and the theory of changes, including the circumstances after the crime.

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