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(영문) 서울남부지방법원 2018.10.10 2018고단2870
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On May 18, 2018, the Defendant: (a) arrived at the same place in front of Yangcheon-gu Seoul, Seoul; (b) did not shoulder the Defendant; and (c) caused the said taxi engineer, upon receiving the said taxi engineer’s 112 report; and (d) recommended police officers E and F, a police officer affiliated with the Seoul Yangcheon Police Station D District, who called the Defendant upon receiving the said taxi engineer’s 112 report, to have the Defendant walk up and return to the Republic of Korea; (b) the Defendant expressed a desire and paid a fee twice the front window of the patrol car on which the said police officer was on board, and obstructed the progress of the patrol car, interfered with the passage of the patrol car, and recommended the said police officer to go on the delivery to the Defendant; and (c) the police officer and the head patrol room were on his hand, and (d) did not take the 5 minutes of the patrol platform and the head patrol room on his hand.

Accordingly, the defendant assaulted police officers, thereby obstructing police officers from performing their legitimate duties on the prevention of crimes and the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and E;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act: The circumstances that are favorable to the defendant not only damaged public power by the crime of this case, but also likely to undermine the morale of the police officer: The defendant recognized the defendant's mistake and reflects his ability, the degree of exercising force is not much serious; and there is no record of criminal punishment, as seen above, the defendant did not have any record of criminal punishment, and other unfavorable circumstances against the defendant, such as the defendant's age, sexual conduct, motive and background of the crime, means and consequence, and the conditions for sentencing as set forth in the arguments and the records of this case,

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