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(영문) 서울남부지방법원 2018.08.17 2018고단2381
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Criminal facts

On September 14, 2017, the Defendant was sentenced to one year of suspension of execution as a result of obstructing the performance of official duties at the Seoul Central District Court on June, 2017, and the judgment became final and conclusive on September 22, 2017, and is still under suspension of execution.

On May 8, 2018, at around 00:55, the Defendant: (a) obstructed the passage of vehicles by leaving a sound around C cafeteria located in Yeongdeungpo-gu Seoul Metropolitan Government, and (b) obstructed the passage of vehicles, and (c) obstructed the passage of the vehicles, and (d) transported to the district along with police officers, such as the chief guard E, etc. belonging to the D District Police Station of Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, who was called upon 112, on the back of the patrol vehicle and moved to the district; (b) went away from the patrol vehicle in operation; and (c) kids off the police officer E, who moved to the back of the patrol vehicle; and (d) kids off it.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers' protective measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol of the police for E (Interference with the execution of public duties);

1. A written statement of reference witnesses;

1. Photographss taken against damage;

1. Photographs showing inside the patrol house;

1. Photographs showing evidence of a damaged police officer;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes;

1. The crime of this case on the ground of the pertinent legal provisions regarding criminal facts, Article 136(1) of the Criminal Act regarding the selection of punishment, and the reason for sentencing of imprisonment with prison labor is that the police officer used violence against the police officer in the course of rescue and protection of the defendant as prescribed by the Act on the Performance of Duties by Police Officers, when the defendant continued to engage in dangerous behavior, such as preventing the defendant from driving on the street or driving on the street. In light of the details of the crime and the degree of assault, the nature of the crime is poor.

In addition, on September 14, 2017, the Defendant was sentenced to one year of suspension of execution on the grounds of interference with the execution of official duties by the Seoul Central District Court, which became final and conclusive on September 22, 2017, and committed the instant crime again without being aware of it during the suspension period.

In light of the criminal records of these defendants, they are examined.

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