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(영문) 서울남부지방법원 2015.12.02 2015고단3300
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On December 30, 2010, the Defendant was sentenced to two years of imprisonment with prison labor for committing murder at the Seoul Southern District Court, and completed the execution of the sentence at the Seoul Southern Southern District Court on June 27, 2012.

【Criminal Facts】

1. On January 25, 2015, the Defendant: (a) around 21:55, at the D Opening Space located in Geumcheon-gu Seoul Metropolitan Government, passed through the opening entrance without paying subway charges; (b) he was asked from D social work personnel E, who was a member of the D social work personnel; and (c) when he took a bath to the said E, and assaulted the E at least 5-6 times in his hands.

As a result, the Defendant interfered with the legitimate performance of public duties concerning the maintenance of order and the management of free cars in the subway stations.

2. The Defendant assaulted the victim F, the victim F, who was the head of D U.S. dollars, at the time and place described in paragraph 1, by taking a warning from the victim F, who was the victim F, who was the victim of D U.S. dollars, that “I will be able to take a bath, even if I wish to do so.”

Summary of Evidence

1. Legal statement of witness E;

1. E statements;

1. A report on the criminal place, a report on dispatch to the site, and a transfer of the case;

1. Photographs of damaged parts;

1. Photographs of the place and place of the crime, photograph of the scene of the crime, and photograph by capturing the video;

1. On the face of a crime, video CD;

1. 일일복무상황, 복무분야별 임무 및 복무형태

1. Each investigation report (a case concerning a criminal investigation place and an arrest place, a case concerning the securing of dynamic images for committing a crime, and a case concerning the service of social work personnel E);

1. Previous convictions indicated in judgment: The results of criminal records and investigation reports (verification as to whether a suspect is a repeated crime) shall be applied by statutes;

1. Articles 136(1) and 260(1) of the Criminal Act of the corresponding Article of the Criminal Act concerning the crime, and the choice of imprisonment for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Sentencing criteria;

A. Type 1 of the Obstruction of Performance of Official Duties (Scope of Recommendation) (Obstruction of Performance of Official Duties) (Scope of Punishment) (Obstruction of Performance of Official Duties) is mitigated area (one month to eight months).

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