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(영문) 서울동부지방법원 2017.10.19 2017고단2267
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 23, 2017, around 01:50 on June 23, 2017, the Defendant is drunk to the Sungdong-gu Seoul Sungdong-gu D and its parking control ground E, which was under parking control in front of Seongdong-gu Seoul, Seongdong-gu Seoul; and

Before working properly, he saw that he had a bath, such as “heat, shot,” and brushed the victim’s surrounding condition, and cut off, and brupted in both sides by inserting the fingers into the victim’s seat.

As a result, the defendant interfered with the legitimate execution of duties concerning the crackdown on parking of parking inspectors.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the E police statement;

1. Application of the Acts and subordinate statutes to photographs of victims and photographs of violence sites;

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

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is not likely to be a crime of assaulting a parking control official who was performing legitimate duties without any specific reason.

However, the execution of punishment shall be suspended in consideration of favorable circumstances, such as the fact that the defendant recognizes the crime and reflects it, and that the defendant has no record of punishment for obstructing the performance of official duties, and community service shall be ordered.

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