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(영문) 서울남부지방법원 2017.11.21 2017고단4611
공무집행방해
Text

1. The defendant shall be punished by imprisonment with prison labor for four months;

2. The costs of lawsuit shall be borne by the defendant;

Reasons

Punishment of the crime

On November 25, 2016, the Defendant is a person who was sentenced to one year of imprisonment with prison labor or two years of suspended sentence for special injury in Seoul Southern District Court on November 25, 2016, and whose judgment became final and conclusive on December 3, 2016 and is still under suspended sentence.

On September 16, 2017, at around 21:47, the Defendant received notification, such as the payment of penalty for drinking disturbance, etc., from the police officers E belonging to the Seoul Yeongdeungpo-gu Police Station D District Police Station, who called up after receiving a report from 112 who was under influence of alcohol, at the Defendant’s residence located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu.

The Defendant, at around 07:30 on September 17, 2017, was dissatisfied with this, found as the Seoul Yeongdeungpo-gu Police Station D district located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, Seoul, and under the influence of alcohol, was under the influence of alcohol, G ( South, 28 years old) of police officers belonging to the above D District, “I am the fe head fe head pack that he would feb this fe head pack.”

Sheba, pump Sheba, flab

“In doing a bath to the effect that it is “,” the shoulder part of the above G was sealed by hand, and the other part of the G was worn by G.

As such, the Defendant assaulted police officers G to interfere with legitimate performance of duties concerning the prevention of crimes and the maintenance of order in G.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A photo of the damaged part;

1. Application of Acts and subordinate statutes to a criminal investigation report (exploitating documentary images) and photographic images without reporting;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning criminal facts (Interference with the performance of public duties and the selection of imprisonment);

1. Reasons for sentencing under Article 186 of the Criminal Procedure Act, which bears the costs of lawsuit;

1. Application of the sentencing criteria;

(a) Type 1 (Interference with the performance of official duties and coercion of duties) shall be the basic area (six months to one year and six months) of the sentencing criteria for crimes that interfere with the performance of official duties within the scope of the recommended punishment;

B. There is no special sentencing factor:

2. Determination of sentence: A sentencing factor favorable to the fact that the defendant in four months of imprisonment is the age of 76 years and is against the crime, the degree of violence is relatively minor, etc.

However, it is found guilty due to the same crime (special injury) (one year of imprisonment).

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