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(영문) 서울남부지방법원 2017.08.30 2017고단2557
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 21, 2017, at around 06:00, the Defendant continued to 20 minutes of the disturbance, such as setting off his clothes before the patrol, and putting them on the front of Guro-gu Seoul Metropolitan Government, when drinking alcohol on a road, and 112 was reported and called to the site, and Do-ro Police Station C Do-gu Seoul, Seoul, Police Station C Do-gu, Seoul, when taking a bath to D, the Defendant returned home several times, and continued to do so.

Therefore, D attempted to issue a notice of violation of the Punishment of Minor Offenses Act to the defendant due to disturbance of drinking, and the defendant committed assault, such as assaulting D's head on one hand while taking a bath against D.

As a result, the Defendant interfered with the legitimate execution of duties concerning the maintenance of order, such as the protection of the people's lives and bodies, the crackdown on light crimes, and the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of CD-related Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that the degree of violence is not serious, that the defendant repents in depth, and that the defendant has not been subject to criminal punishment for any purpose other than that of a fine twice before 200);

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