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(영문) 서울남부지방법원 2016.12.07 2016고단5198
공무집행방해등
Text

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

Reasons

Punishment of the crime

On November 20, 2015, the Defendant was sentenced to six months of imprisonment for the obstruction of performance of official duties at Seoul Southern District Court on April 14, 2016 and completed the execution of the sentence at Seoul Southern Southern District Court.

1. On October 27, 2016, around 09:10 on October 27, 2016, the Defendant: (a) committed assault against the victim D (here, 72 years of age) who was under the influence of alcohol in the Gangseo-gu Seoul Metropolitan Government C heading the victim’s breath by sticking the victim’s breath by hand; and (b) committed assault against the victim’s chest by drinking.

2. On October 27, 2016, around 09:30 on October 27, 2016, the Defendant: (a) arrested and sealed a flagrant offender for the crime described in paragraph (1) from the Seoul Gangseo-gu Seoul Gangseo Police Station located in Gangseo-gu Seoul Metropolitan Government, as a flagrant offender; and (b) was asked by police officers G belonging to the said earth to ask questions about personal information from the police officer G of the said earth, who was asked of “I Chewing sprinke, dyfa, and fry bitch bitch,” and assaulted G’s bitle part at once.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest and custody of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning G and D;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (the date of release, etc.);

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

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

1. Among concurrent offenders, the sentencing reasons for the sentencing of Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act are as follows: The sentence shall be imposed in consideration of the following factors: (a) the weighting area (one-year and four years) of the first category of the obstruction of performance of official duties (the scope of recommendations) [the scope of recommendations] of the second category of the same repeated offense (the scope of recommendations] of the basic area (two to ten months) of the first category of the crime of violence (general violence) (the scope of recommendations] of the second category of the crime of the same repeated offense (the range of recommendations), the basic area (two to ten months), [the person who is a special person] of the second category of the crime of violence: (b) the sentence is sentenced in one to four years and five months [the decision of the sentence] of the same crime of the obstruction of official duties;

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