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(영문) 서울중앙지방법원 2015.06.26 2015고단2594

공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 3, 2014, the Defendant, at the Seoul Southern District Court, sentenced ten months of imprisonment for the purpose of obstruction of performance of official duties, and completed the execution of the sentence on January 25, 2015.

On May 1, 2015, at around 15:45, the Defendant stated, “I will see whether I will come to come to the President or talk. I will come to see the President. I want to enter the Cheongbu, and I will come to see the reasons for the visit of D (Nam, 42 years of age) of the Seoul Regional Office of Security Service C, and I will stop the Defendant. I will see that I will go to the future. I will see that I will die to the families of W. I will see that I will die. I will see D's neck, and will do so. I will see it. I will see that I will die to the C's family, and will see it. I will see the D's neck, and will see it. I will see it. I will interfere with the proper execution of public duties by police officers for 30 minutes in order to maintain the order of police officers.”

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. The defendant's mental and physical assertion and judgment in response to the victim's medical opinion that the defendant had a mental and physical state for drinking alcohol exceeding the main amount at the time of the crime of this case. Thus, according to the evidence duly adopted and examined by this court, the defendant can be acknowledged as having drinking alcohol at the time of the crime of this case, but it cannot be seen that the defendant did not have the ability to discern things or make decisions. Thus, the above assertion is rejected.

Application of Statutes

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] is as follows: (a) category 1 of the obstruction of performance of official duties (a period of 1 to 4 years) and the aggravated area (a period of 1 to 4 years) (a person under special guard] of the same repeated offense (a decision of sentence] the defendant committed the same offense, and again committed the same offense only for several months after the defendant committed the same offense, and