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(영문) 서울북부지방법원 2020.01.09 2019고단3932
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 00:20 on September 5, 2019, the Defendant: (a) on the front of the exit of a private house located in 393, a private house located in Jung-gu, Seoul, the Defendant: (b) when the rent was at issue by entering the taxi on his own; (c) after receiving the 112 report from the police officer B belonging to the Seoul Jung-gu Police Station, the Defendant obstructed the police officer’s legitimate performance of duties by the police officer in relation to the handling of the instant case, who was called out after receiving the 112 report from the police officer B belonging to the Seoul Jung-gu Police Station, who was called back after receiving the 112 report by the taxi officer, and was able to hear the horses of the Defendant; and (d) indicated that he was not able to easily enter the Defendant’s horses, the Defendant’s “the same bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of 1112.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation reports (Attachment of cell phones image data), the application of CD-related Acts and subordinate statutes;

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

1. The following are the circumstances that are disadvantageous to the Defendant: (a) the police officer who is handling the 112 reported case with the reason for sentencing under Article 62(1) of the Criminal Act; and (b) the nature of the instant crime that directly exercises the tangible power is not good; (c) the Defendant has been punished once by a fine for violent crimes; and (d) the Defendant has been punished once a suspended sentence of imprisonment with labor

However, considering the circumstances favorable to the defendant, such as the fact that the defendant seems to recognize and reflect the crime of this case, other circumstances favorable to the defendant, such as the background of the crime of this case and the circumstances after the crime, the punishment as ordered shall be determined by taking into account various factors of sentencing as

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