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(영문) 서울남부지방법원 2019.11.22 2019고단4294
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 6, 2019, at around 05:0, the Defendant received 112 reports from the “C” parking lot located in Geumcheon-gu Seoul Metropolitan Government, while under the influence of alcohol, and was urged to return home from the slopeD (the age of 39) belonging to the Seoul Geumcheon Police Station, which called the “C” parking lot located in Geumcheon-gu, Seoul.

Accordingly, the Defendant, who is dissatisfied with the complaint, instructed the above D that “I am hye, I am hye that I am hye, I am hye that I am hye, I am hye that I can be punished for the obstruction of the performance of official duties, and even if I asked the above D's warning that I would be punished for the obstruction of the performance of official duties, I am hye the face of the above D's face twice again.

In the end, the Defendant interfered with the legitimate execution of duties concerning the maintenance of public security and order of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. An investigation report (to attach mobile phones images CDs);

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act (the favorable circumstances of the reasons for the sentencing below) include the following factors: (a) the Defendant recognized and reflected the instant crime; (b) under the circumstances favorable to the Defendant, the primary offender who has no record of the previous criminal punishment; and (c) the police officer who solicits him/her to return home without any particular reason; and (d) the degree of assault is not less than that of the Defendant’s disadvantageous circumstances; and (b) other factors that are disadvantageous to the Defendant, such as the Defendant’s age, character, character, environment, motive and circumstance of the crime, means and consequence of the crime; and (c) the pertinent sentencing conditions as shown in the trial process, such as the circumstances before and after the

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