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(영문) 서울동부지방법원 2014.10.23 2013고단2178

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On August 18, 2013, at around 01:20, the Defendant had been detained by the Defendant on the front side of Songpa-gu Seoul, Songpa-gu, Seoul, and obstructed the police officer’s legitimate execution of duties concerning the security and on-site movement of the police officer by cutting away from the police officer, who was a police officer to enter the second floor of the above B building, and by cutting off the Defendant from the second floor of the building at which the slope was reported, and by cutting off the two arms of the E, who was under restraint of the Defendant and carried out inside the inside the Defendant’s house, and assaulted the Defendant’s chest over the upper floor, thereby obstructing the police officer’s legitimate performance of duties concerning the security and on-site movement.

2. At around 01:20 on August 18, 2013, the Defendant insultd the victims of the victim D and the victim E, who were called up as above, among the 5-6 residents and their mothers in front of Songpa-gu Seoul (Seoul) around August 18, 2013, saying, “A police officer’s bomb shall be discarded, she shall be discarded, she shall be dead, she shall be dead, she shall be dead, she shall be dead, she shall be dead, she shall be dead, she shall be dead, she shall be treated as a large sum of the victims, and the victims of the b

Summary of Evidence

1. Statement of the accused in the first trial record;

1. Statement of the police statement of E;

1. Application of each statute on filing of a complaint;

1. Article 136 (1) and Article 311 of the Criminal Act applicable to the relevant criminal facts;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of the sentence recommended by the sentencing guidelines [decision of types] Crimes of the obstruction of performance of official duties, and the basic area of the obstruction of performance of official duties [decision of the recommended area] [decision of the recommended area], six months to one year and four months; and

2. In light of the fact that the Defendant committed the instant crime even though he/she had been sentenced three times to punishment for the same crime, it is inevitable for the Defendant to impose a severe punishment.

Accordingly, the defendant has been led to confession, there is no record of punishment exceeding a fine, and the age, character and conduct, occupation and occupation of the defendant.