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(영문) 서울서부지방법원 2019.05.15 2019고단689
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On January 25, 2019, at around 23:40, the Defendant heard the words “C” located in Eunpyeong-gu Seoul Metropolitan Government, and sent to the site after being 112 reported (fence) on the ground of disturbance, and was drunk against E and two police officers, the security guards belonging to the D District District of Eunpyeong Police Station in Seoul, Eunpyeong-gu, Seoul, and the police officers, on January 26, 2019, the Defendant continued to take a bath for police officers on the front side of the “C,” and continued to walk up and walk up the c, and continued to walk up and walk up, and came into the c. by hearing the words “A,” from the F of the developments belonging to the said district group, “I may use the c.” from the e.g., “A., c.,” and the e., the e.g., the g., head of the g., the e., the e.g., the g., the e.

Accordingly, the Defendant assaulted police officers as above, thereby obstructing police officers from performing their legitimate duties on handling 112 reports and maintaining public order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. G statements;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. All of the circumstances constituting the sentencing conditions indicated in the records of this case, including the pertinent Article of the Criminal Act, Article 136(1) of the Criminal Act regarding criminal facts, the reasons for sentencing of sentence of imprisonment option, and the age, character and conduct, environment, motive and consequence of the crime, and the circumstances after the crime, etc., shall be determined as per Disposition.

The favorable circumstances: The defendant's act of assaulting against the defendant: there are many records of punishment due to obstruction of business, violence, obstruction of performance of official duties, etc.; the crime of this case was committed after the period of suspension of execution, despite being sentenced to a fine due to obstruction of business during the period of suspension of execution; the crime of this case was committed against a police officer who was on official duty while performing official duties; and the crime was not proper.

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