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(영문) 서울서부지방법원 2019.05.02 2019고단366
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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

At around 03:30 on December 10, 2018, the Defendant: (a) expressed a 33 Magazine, as Mapo-gu Seoul Mapo-gu, Mapo-gu, 33 Magazine; (b) expressed that he would be urged by police officers D(31) to pay a taxi fee and return home from the police officers D(31) assigned to the Seoul Mapo-gu Police Station C District, Seoul, which was called for without paying a taxi fee under the influence of alcohol when he/she was on board and arrived at the destination; and (c) expressed that he/she would be urged by police officers D to pay a taxi fee and return home from the police officers D(31).

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Legal statement of witness E;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of E;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The grounds for sentencing under Article 62(1) of the Criminal Act, following the suspended sentence, and other conditions of sentencing specified in the argument of the instant case, shall be determined as the same as the order.

Unfavorable circumstances: The reason why the crime is not good, the circumstances favorable to the fact that there are several criminal records: The degree of exercising the tangible power is not much serious, the previous power is punished by a fine, and it is against the fact that it is punished by a fine.

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