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(영문) 서울남부지방법원 2015.10.15 2015고단3781
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On September 7, 2015, around September 10:22, 2015, the Defendant of the obstruction of performance of official duties committed assault against D, on the hand floor, at around September 7, 2015, on the ground that D, a police officer of the Geumcheon Police Station C (a police officer) dispatched after receiving 112 a report, expressed that D, who was a police officer of the Geumcheon Police Station C (a police officer) who was dispatched, attempted to take measures for returning home to the Defendant, and used the above D’s desire to take measures for returning home against the Defendant.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of 112 reported duties by police officers in uniform.

2. On September 11, 2015, around September 7, 2015, the Defendant of obstruction of performance of official duties: (a) around 11:00 on the gold light park, “Around September 7, 2015, the Defendant, who received a report from the manager of the said light park, engaged in dactylology in order for the Defendant to detect the Defendant’s exposure to dactylology under the Punishment of Minor Offenses Act; and (b) assaulted the Defendant with a dactical dactical hump with the Defendant’s humf at one time at the lower part of the said D’s lower part on the hand.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of public order and crime control by police officers in uniform.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of statutes on photographs of damage;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. The reasons for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] and the basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (the decision of sentence] [the decision of sentence] and the circumstances leading to each of the crimes of this case, the degree of damage, and the defendant committed each of the crimes of this case even though they were under the suspension of execution due to sex crimes, etc.

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