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(영문) 서울남부지방법원 2019.05.22 2018고단6502
공무집행방해
Text

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

Reasons

Punishment of the crime

On November 27, 2018, at around the mobile phone store located in Guro-gu Seoul Metropolitan Government, the Defendant was urged to return home from the police officer D belonging to the Seoul Metropolitan City Police Station C district unit of the Seoul Metropolitan City Police Station, who called “Is the house before the store” and called “Ising, singing, sing, and sing down to the house” to the above D on the front of the mobile phone store where the trade name of Guro-gu Seoul Metropolitan Government is unknown, and the Defendant expressed a desire to read “Ising, singing, and sing down to the house” to the above D.

As such, the Defendant assaulted police officers D and interfered with legitimate execution of duties concerning the prevention of crimes and the maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each CCTV photograph;

1. Application of Acts and subordinate statutes to investigation reports and telephone communications;

1. Relevant legal provisions on criminal facts, Article 136(1) of the Criminal Act on the selection of punishment, and circumstances favorable to the sentencing of imprisonment: the defendant recognizes the crime.

D. Unfavorable circumstances: The defendant's face of the police officer in uniform, shaking his head debt, etc. is not good in light of the nature and method of the crime, and it is not only damaged public power, but also affected the morale of the police officer.

In 2016, even though the defendant was sentenced to suspended sentence for special obstruction of performance of official duties, he again committed the crime of this case without being aware of it during the suspended sentence period.

In light of the fact that the period of the above suspended sentence is too excessive, but the defendant appears to have repeated violent tendency while under the influence of alcohol, it is inevitable to sentence a sentence due to high risk of recidivism.

As above, the defendant's favorable circumstances and other conditions of sentencing, such as the defendant's age, character and conduct, motive, background, means and consequence of the crime, the circumstances after the crime, etc., and the records.

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