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(영문) 서울남부지방법원 2019.02.20 2018고단6204
공무집행방해
Text

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

except that 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 August 5, 2018, at around 23:05, the Defendant: (a) received a warning from the police officers E belonging to the Yangcheon Police Station D police box called up upon receiving a report that he could be punished for an unrefiting process from a police officer E belonging to the Yangcheon Police Station D police box called up upon receiving a report; (b) sent a warning that he could be prosecuted for the crime of obstruction of performance of official duties from the police officers called up together; (c) once again, once he was arrested as a flagrant offender committing the crime of obstruction of official duties; and (d) upon being arrested as a flagrant offender committing the crime of obstruction of official duties due to the above act, the Defendant obstructed the Defendant’s legitimate execution of official duties relating to the handling of the above E and F’s 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, F, G, and H;

1. Video CDs;

1. Application of each investigation report (to hear statements made by witnesses and witnesses H / to hear statements made by victims relating to cellular phone images arrested and video images committed in the course of performance of official duties) Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The defendant's use of violence against police officers in uniform, and the nature of the crime is not weak in light of the nature and method of violence;

The defendant's crime of this case not only damaged public power, but also affected the morale of police officers.

Defendant has been punished for past violent crimes.

The favorable circumstances: the defendant acknowledges the error as a whole.

There is no history of criminal punishment after 2010.

As above, the arguments and records of this case, such as the defendant's unexpected circumstances and other ages, character and conduct, motive and background of the crime, means and consequence, and the circumstances after the crime, etc., are revealed.

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