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(영문) 서울남부지방법원 2019.09.04 2019고단3079
공무집행방해
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 26, 2019, around 01:10, the Defendant assaulted the face of the said D two times by taking advantage of the following: (a) the Defendant was asked to present an identification card by the head of the police station, the head of the police station, who was called out after receiving a 112-reported report phone stating that “ young people spout the front automatic door,” who was called out by the head of the police station affiliated with the Seoul Gangseo-gu Seoul Metropolitan Government Police Station, and “the young spouts”.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officials on the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (related to the attachment of cellphones and motion pictures);

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act: (a) comprehensively considered the following: (b) the background and content of the instant crime; (c) the degree of violence; (d) the injury has not been recovered; (c) the first offender recognized and reflects the crime; (d) the Defendant’s age, career, health status, financial status, and family relationship; and (d) the circumstances favorable or unfavorable

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