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(영문) 서울남부지방법원 2018.09.12 2018고단2456
공무집행방해
Text

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

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 25, 2018, around 15:30, the Defendant received 112 reports from Geumcheon-gu Seoul Metropolitan Government, stating that “A customer inside the D cafeteria is informed of the violation of the Punishment of Minor Offenses Act by drinking disturbance on the front of the Geumcheon-gu Seoul Metropolitan Government.”

Accordingly, the defendant 12, who was making the fire, interfered with the legitimate execution of duties concerning the handling of reports by police officers, such as cutting the left part of the F, removing the gark, wearing the inside part by hand, and removing the gark with the inside part.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a investigative report (related to cutting down a mobile phone image);

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime (the point of obstructing the performance of official duties and the choice of imprisonment);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) (no person subject to special sentencing] shall interfere with the performance of public duties;

2. On the ground that the instant crime, which was determined by the sentence, was committed by a police officer on the ground that the notice was given, is not against the law that used violence.

The police officer who solicits the returning home has interfered with the execution of duties by putting sckes with a large amount of vision, etc., and the behavior and contents of the crime are not good.

In addition to the above circumstances, the degree of damage, attitude in the court of this case, the records of the defendant's punishment in the past and other circumstances, including the defendant's age, sex, environment, etc., the punishment as ordered, shall be determined by taking full account of the various circumstances, which are the conditions for sentencing as shown in the records and arguments of

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