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(영문) 서울북부지방법원 2017.09.20 2017고단2879
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 18:55 on June 12, 2017, the Defendant issued a Stick on the front of the restaurant “C” operated by the Defendant located in Gangnam-gu Seoul, Gangnam-gu, Seoul, in order for the Seoul Viewing D and the parking control officer E and F to control vehicles illegally parked on the road; and

In such a case, “I will not die, I will do so,” and assault the above E, as close to the above E, by threatening them to drink, with three tights, and with two tights, the chest of the F is strong and tights.

In this regard, the Defendant interfered with the legitimate execution of duties by public officials on the crackdown on illegal spirits.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of the Acts and subordinate statutes on the closure of a crime;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. In light of the fact that the defendant's reason for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence uses violence to the public officials in charge of parking control, the crime is not deemed to be inferior.

However, the circumstances of the crime of this case can be considered and the degree of the assault is heavy.

Considering the favorable circumstances that do not seem, it appears that it appears to reflect.

In addition, the punishment shall be determined as ordered by comprehensively taking into account all the conditions of sentencing as shown in the records, such as the defendant's age, sex, environment, and circumstances before and after the crime of this case.

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