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(영문) 서울중앙지방법원 2018.11.15 2018고단5429
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, 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

[Criminal Records] On July 19, 2018, the Defendant was sentenced to four months of imprisonment for the crime of assault at the Seoul Central District Court and one year of suspended execution, and the above judgment became final and conclusive on July 27, 2018.

[2] On July 21, 2018, at around 06:00, the Defendant did not pay food costs in Gangnam-gu Seoul, and was about to leave the above restaurant, and was asked to ask questions about the circumstances surrounding the case from the D District of Seoul, Suwon Police Station D, E, and the F, and the above F, “C f, e.g., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., g., e., g., g.,

The Defendant continued to pay the food cost to the Defendant, and the said E and F did not go to the scene of the patrol vehicle, and the said E and F attached the F, which caused the Defendant to go to the scene of the patrol vehicle, and obstructed the operation of the patrol vehicle for about five minutes by assaulting the police officer’s legitimate performance of duties concerning the maintenance of order, including: (a) the said E and F attached the F; (b) the said E, who prevented him from getting off the scene one time by hand; and (c) expectation that the chief windows of the patrol vehicle, who intends to go to go to leave the scene, were able to take off the scene by hand; and (d) interfere with the police officer’s legitimate performance of duties concerning the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of F and G;

1. Notification of the details of arrest and the report-related department;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (reports on previous convictions and results of confirmation of the disposition), and application of statutes of the judgment;

1. Article 136 (1) of the Criminal Act and the choice of punishment for the crime, Articles 136 (1) of the Criminal Act and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The scope of recommendations on the grounds of sentencing in Article 62-2 of the Criminal Act, including the observation of protection and order to attend lectures, and the scope of punishment [the scope of recommendations] shall interfere with the execution of official duties.

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