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(영문) 서울동부지방법원 2016.04.27 2015고단3974

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 18, 2014, the Defendant was sentenced to eight months of imprisonment by obstructing the performance of official duties at the Seoul Eastern District Court on July 18, 2014, and completed the execution of the sentence at the Sungdong detention center on December 9, 2014.

around 11:00 on October 19, 2015, the Defendant does not provide meals and accounts on the street in front of the ‘D cafeteria' in Songpa-gu Seoul Metropolitan Government.

'A' means the 112 report that the police officer F of the Seoul Song Police Station E District and Gman, who was called out, will return home to the defendant several times, but he did not comply with this, and the victim Gman's "I have to have the right to return home" to the victim patrolmen.

"........... the head of the fat, fat, 10 times fat, fat and fat, and the head of the fat, fat and fat, and the head of the fat, fat and the head of the fat, fat and the head of the fat, fat and g

We see as a property damage, see as it is the last day, see as a property damage, and as a "property damage," and the patrol vehicle can not be moved for about 40 minutes.

Accordingly, the defendant interfered with police patrols and legitimate execution of duties concerning handling 112 reports.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the police statement related to G;

1. A statement prepared by H;

1. The place where he works in the E District;

1. An investigation report (on-site screen pictures, panping photographs, and CD attachment);

1. Previous conviction: Application of a reply to inquiry, report on investigation (whether it is a suspect, repeated crime) and Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] In the case where the degree of assault is minor in the basic area (six months - one year and four months) of Class 1 (Interference with and Compelling of the performance of official duties) [Special Mitigation/Aggravation] / The defendant's decision of sentence] of the same repeated crime [decision of sentence] was committed on October 15, 2015 by the two acts committed on October 15, 2015 during the repeated crime period after being released on December 9, 2014, the previous trial was held due to interference with the affairs committed on October 15, 2015 during the repeated crime period. < Amended by Act No. 13588, Dec. 9, 2015>