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(영문) 서울중앙지방법원 2018.04.16 2017고단4477
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. The Defendant, at around 19:30 on May 16, 2017, at the “C” entertainment station located in Gwanak-gu, Seoul Special Metropolitan City, the Defendant was under the influence of alcohol from the victim D (26 tax) and cannot yet be admitted prior to the commencement of business.

“Along with the horses, the victim was tightly tightly sealed, and the victim was assaulted by the victim, such as the victim’s neck, the victim was followed by the victim, and the victim was able to take a less part in the glass door, and the victim was frightly walking on the left side of the victim.

2. On May 16, 2017, at around 19:40, the Defendant damaged the said “C” entertainment stations by cutting one drinking-water stay room equivalent to 24,000 won at the market price owned by the said victim D, which was located at the above main entertainment stations, on a drinking occasions, and cutting the floor into the floor.

3. On May 16, 2017, the Defendant interfered with the performance of official duties, at the above “C” entertainment establishments, who received a 112 report for the said reason, and received a request for an identification card from E in the circumstances where he/she belonged to the Seoul Maak Police Station, and dispatched to the site, for an identification card, cannot grant a Chewing gue, absolute identification card.

“Before doing so, the police officer took a bath, and assaulted the said E’s ships and breasts by hand, thereby obstructing the police officer’s legitimate performance of duties concerning the processing of reports and maintenance of order.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Written statements of D;

1. Application of Acts and subordinate statutes to field photographs, CCTV photographs, investigation reports (netly six times);

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 260(1) of the Criminal Act (the point of violence), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. The scope of recommendations based on the sentencing guidelines for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes - The scope of recommendations - The primary area (in the event of interference with the performance of official duties) (6 months to 1 year and 6 months) of the basic area (in the event of interference with the performance of official duties) (the scope of recommendations / No. 2) of the Criminal Act that prevents the performance of official duties.

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