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(영문) 서울중앙지방법원 2018.11.22 2018고단3590
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than three 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 April 16, 2018, at around 16:50, the Defendant demanded C, who is a public official of the Gwanak-gu Office in Seoul Special Metropolitan City, to explain the reason for the crackdown on the illegal spirits of his own vehicles (D) in front of Gwanak-gu, Seoul, the Defendant was rejected, and the Defendant was able to see C’s her own vehicle (D) on the top of the crackdowned vehicle on which C was on board, while she was pushed off with his hand by its window, and she was provokinged through C’s violation of parking regulations toward C, while preventing C from continuing the operation of the crackdownd vehicle, which was slowly going through for the purpose of moving the place, thereby hindering a public official’s legitimate execution of duties concerning the crackdown on illegal spirits.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on inspections made to C and E;

1. Application of statutes to the results of CCTV viewing;

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 sentencing guidelines for sentencing under Article 62-2 of the Criminal Act on the grounds of sentencing [the scope of recommendation] the scope of punishment recommended on the grounds of sentencing under Article 62-2 of the Order to Attending Education Act [the scope of punishment] and the mitigated area (one month to eight months)] [the special mitigated person] where the degree of violence, intimidation, deceptive scheme, or obstruction of public service is minor, the decision of punishment - disadvantageous circumstances: there are no circumstances to deem that the crackdown on parking of public officials is unfair. In addition, even though there is an objection against the crackdown on violating parking regulations, the objection is made through the prescribed procedure. However, in light of the motive, circumstance, degree of damage, etc. of the crime, the quality of the crime is not good in light of the crime, the existence of punishment force due to violence, etc. - normal: recognition of a mistake that is late favorable to him, the degree of minor exercise, the degree of fine is relatively less likely.

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