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(영문) 서울남부지방법원 2020.01.22 2019고단5436
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months and by a fine of 500,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. On September 5, 2019, at the entrance of the “C Resident Center” located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, the Defendant committed assault, such as assaulting D’s taking a part of the clothes of D, on the ground that D neglected himself, while talking about D’s social welfare officials and basic supply and demand subsidies.

Accordingly, the defendant interfered with legitimate execution of duties in relation to social welfare consultation of public officials.

2. On September 14, 2019, the Defendant violated the Punishment of Minor Offenses Act, while providing counseling on civil petitions related to labor encouragement subsidies within the “C Community Service Center” on September 14, 2019, the head of the team in charge of social welfare team E, etc., provided that the Defendant, while under influence of alcohol, engaged in a riotous or disorderly speech and behavior at a government office for about 10 minutes, such as her leader E, etc., her leader in charge of social welfare, her “Irn't know about without knowledge,” “Irrec petitioner,” and she expressed a desire to “Irn't x

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning F and E;

1. Statement made to D by the police;

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

1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment), and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance for revocation at government offices and the choice of fines);

1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act for the punishment of concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include a number of offenses related to violence, and in particular, the Defendant was indicted for committing the same offense against the public official of the pertinent community service center. On January 31, 2019, the Seoul Southern District Court committed a second offense during the period of probation, even though he/she was sentenced to the suspension of one year of imprisonment with labor at the Seoul Southern District Court.

The contents, means, and methods of crimes are not good.

Despite the repeated punishment of the defendant, the defendant is able to find a community service center and take the examination.

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