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(영문) 서울중앙지방법원 2014.04.17 2014고단1580

공무집행방해등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal Power] On May 11, 2012, the Defendant was sentenced to ten months of imprisonment with prison labor for assault, etc. at the Seoul Central District Court, and completed the execution of the sentence on December 27, 2012.

【Criminal Facts】

The defendant had weak ability to discern things or make decisions due to non-specific chronological disorder, alcohol dependence, etc.

1. The Defendant shall be the victim C (AF, 59 years of age).

On March 18, 2014, around 07:30 on March 18, 2014, the Defendant expressed the Defendant’s house located in Gwanak-gu in Seoul Special Metropolitan City, △△△△2, and returned home with night drinking to the Defendant, and was rejected, that he expressed his desire to “the drinking value of KRW 500,000,000 to the victim,” and expressed his attitude to “the knife a knife with a knife. knife” to “the knife a knife. knife a knife” to “the knife a knife a knife. knife”

2. 공무집행방해 피고인은 2014. 3. 18. 11:00경 서울 관악구 관악로5길 33에 있는 서울관악경찰서 형사과 당직실에서, 서울관악경찰서 소속 경사 E이 전항 기재 존속협박 혐의로 현행범체포 되어 온 피고인을 유치장에 입감하려고 하자 거부하며 “맞짱 한번 뜨자”라고 말하면서 갑자기 주먹으로 위 E의 입술 부위를 1대 때렸다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the management of personal illness of the arrested flagrant offender.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, F, and E;

1. Each photograph;

1. Records before judgment: Criminal records, etc., inquiry reports and investigation reports (verification of the expiration of the latest term of punishment A by a suspect) Acts and subordinate statutes;

1. Relevant Articles 283(2) and (1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment for a crime

1. Article 35 of the Criminal Act among repeated crimes;

1. Articles 10(2) and 55 of the Criminal Act for mitigation of mental disorders.