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(영문) 서울남부지방법원 2018.04.13 2018고단505

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal record] On June 19, 2015, the Defendant was sentenced to eight months of imprisonment by the Seoul Southern District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes ( drivers’ assault, etc.) and completed the execution of the sentence on November 5, 2015.

[Criminal facts of 2018 Highest 505]

1. 공무집행 방해 피고인은 2018. 2. 4. 12:24 경 서울 구로구 C에 있는 D에서 소란을 피우며 업무 방해를 한다는 112 신고를 받고 출동한 서울 구로 경찰서 E 지구대 경찰관 경사 F이 수회에 걸쳐 귀가 하라고 설득하자, 피고인은 F에게 “ 이 새끼 내가 뭘 잘못했냐

“The expression was expressed as “...”

The defendant was waiting for the signal at a crosswalk for continuing to return home to himself, accompanying him.

F The face part of F was one of his own head.

Accordingly, the Defendant assaulted a police officer with legitimate execution of duties concerning the handling of 112 reported cases.

【Criminal facts of 2018 highest 723】

2. Around January 2, 2018, the Defendant obstructed the victim’s restaurant business by force for about 30 minutes, including, but not limited to, the taking of a bath to, the elderly in the I restaurant operated by the victim H in Gwanak-gu in Seoul Special Metropolitan City, for the purpose of drinking alcohol, “I am few few son,” and harming the victim’s restaurant business by force for about 30 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A H statement;

1. Previous convictions in the judgment: Application of the text of the judgment, summary order and the Acts and subordinate statutes concerning the personal confinement;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 314 (1) of the Criminal Act (the point of obstructing duties) and the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Taking into account the method, content and frequency of the instant crime, the Defendant’s previous conviction, etc. on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes; however, the Defendant’s mistake is against the law.