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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Punishment of the crime
[criminal records] On May 12, 2017, the Defendant was sentenced to six months of imprisonment by obstructing business operations at the Seoul Northern District Court, and completed the execution of the sentence at the Ansan Prison on September 18, 2017.
[Criminal facts]
1. On September 22, 2017, at around 23:40 on September 22, 2017, the Defendant: (a) found the Defendant at the Seongbuk-ro Seoul Cancer Police Station located in Seongbuk-ro, Seongbuk-ro, Seoul, with the influence of alcohol; (b) where the Defendant “C”;
B. "A punishment has been carried out," and the disturbance was avoided, and the police officer's guidance to restrain it was coming out of the police station through the first floor of the 1st floor, and the large amount of fire that was carried out of the police station was broken up by breaking it in his/her hand, and the office wave was created.
Accordingly, the defendant damaged the use of goods by public offices, thereby harming their utility.
2. 공무집행 방해 피고인은 제 1 항 기재 일시, 장소에서, 공용 물건 손상 죄의 현행 범인으로 체포하려는 종 암 경찰서 D 부서 소속 경찰공무원 E, F에게 주먹을 휘두르고, “야 이 개새끼야, 내가 나가면 너부터 죽인다”, “ 이 씨 발 놈들 아 총이 있으면 니 네 부터 쏴 죽인다, 두고 봐, 조폭을 동원해서 라도 죽인다 ”라고 말하여 협박하였다.
Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of the Acts and subordinate statutes to the police station of a hump photograph of a hump, photo of a hump, photo of a hump in the police station where the hump takes the hump in his/her hand, and photo of a hump in the police station where the
1. Relevant legal provisions of the Criminal Act, Articles 141(1) (a) and 136(1) (a) (a point of obstructing the performance of official duties) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The defendant's reason for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code aggravated concurrent crimes is to confession and reflect each of the crimes of this case, and at the time.