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(영문) 서울남부지방법원 2019.02.13 2018고단5888
공무집행방해
Text

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

except that 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

On October 28, 2018, at around 02:45, the Defendant was showing a fluoral failure, such as attaching the head debt of male-friendly C in the middle of the game, and attaching the head debt of male-friendly C in the first floor, and making the fluoral flow to C in the middle of the game.

The Defendant reported 112 that “A female-friendly Gu shall exercise violence under the influence of alcohol,” and obstructed the police officer’s legitimate execution of duties on the handling of the 112 reported case by a police officer F, who belongs to the Gyeonggi-do, Incheon, U.S. Police Station E District Unit of the Gyeonggi-do, U.S. Police Station, attempted to restrain the above act of the Defendant, walking F’s her part on the part of a

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. G statements;

1. Application of Acts and subordinate statutes to a report on investigation (investigation into a shot G telephone call);

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: The sentence shall be determined as per the Disposition, comprehensively taking into account the following factors: (a) the circumstances in which the defendant was under the influence of alcohol and has no record of criminal punishment; (b) the method and behavior of a female police officer who was dispatched by the defendant after receiving a report of assault is not good; (c) the public authority was damaged due to the instant crime; and (d) the circumstances in which it appears that the morale of the police officer could have been undermined; and (d) the circumstances in which the defendant was under the influence of alcohol and thus, would have been somewhat contingent; and (e) there was no record of criminal punishment.

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