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(영문) 서울중앙지방법원 2017.10.20 2016고단5980

공무집행방해등

Text

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

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

On August 23, 2013, the Defendant was sentenced to two years of imprisonment for a violation of the Punishment of Violences, etc. Act (Habitual Bodily Injury) at the Seoul Central District Court on August 23, 2013, and completed the execution of the sentence at the Ansan Prison on March 13, 2015.

"2016 Highest 5980"

1. In around 21:50 on July 31, 2016, the Defendant did not place an order for alcohol, alcohol, etc. equivalent to 79,000 won, from the D Garan bar in the first floor of Jongno-gu Seoul Metropolitanro C Building, and did not pay the price thereof. The Defendant did not receive a notification and demand from the Victim F, a police box affiliated with the Seoul police station E box, Seoul, which was dispatched to the site upon receipt of 112, for the notification and notification of the disposition and the demand for evacuation from the Defendant, G, and seven customers, the Defendant shall not use the victim “the victim “the emb fe, feas, fat, fat, fat, fat, and fat, fat, which is produced by the parent and fat.”

The victim openly insultingd the victim by openly obsing, such as gymnas, sludge, and gymnas.

2. On July 31, 2016, around 21:55, the Defendant: (a) was arrested as a current offender on the front side of Jongno-gu Seoul, Jongno-gu, with the same facts as paragraph (1); (b) tried to see the side on the road without any justifiable reason; (c) caused the Defendant to go against the left hand of the F by force on the ground that the F would restrain him/her from doing so; and (d) assaulted twice the chest of the F.

Accordingly, the defendant interfered with legitimate execution of duties concerning FF's arrest and custody of flagrant offenders who are police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, I, G, and J;

1. Complaint;

1. Photographs;

1. Previous convictions in the judgment: The defense counsel at the time of each of the crimes in this case regarding inquiry letter, personal acceptance status, investigation report (report on previous convictions) and defense counsel's assertion that the defendant was administered with mental illness, such as shock disorder, etc. at the time of each of the crimes in this case, or was in a state of weak ability to discern things or make decisions by force

The argument is asserted.

According to the records, the defendant committed each of the crimes of this case.