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(영문) 서울중앙지방법원 2013.08.08 2013고단3502
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On November 4, 2009, the Defendant was sentenced to eight months of imprisonment with prison labor for an injury at the Seoul Central District Court, and completed the execution of the above sentence on May 24, 2010.

【Criminal Facts】

At around 23:20 on May 1, 2013, the Defendant: (a) while she was frighting at “D” ransh in Dongjak-gu Seoul Metropolitan Government, the Defendant: (b) was frighting the Defendant, a police officer belonging to the Seoul Dongjak Police Station E District; (c) was frighting the Defendant, a police officer belonging to the Seoul Dongjak Police Station E District; and (d) was frighting the said G, and the Defendant was frighting the said G’s title into the belbow; and (c) the Defendant frighting the clothes of the said G on one occasion with the face of the said F on one hand; (d) was frighting the left part of the said F on one occasion, and obstructed the police officer’s legitimate performance of his duties by committing assaulting the said G, reporting the act of using the said G and reporting the act of using it.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. A H statement;

1. Photographs of damaged parts;

1. Previous records: Application of Acts and subordinate statutes, such as inquiry into criminal records, investigation into criminal records, current status of confinement by individual, judgment, etc.;

1. Article 136 (1) of the Criminal Act concerning the crime concerned (the point of obstruction of performance of official duties);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [Determination of Punishment] : Obstruction of Performance of Official Duties - In case of multiple damaged public officials (the scope of recommending punishment): 1 year to 4 years (in case of multiple damaged public officials) / [decision of sentence] Defendant has been punished for violent crimes including obstruction of performance of official duties, etc., and in particular, Defendant was punished for the instant crime during the period of repeated crimes, and even if he had already been punished for several violent crimes during the period of repeated crimes, he had already been sentenced to a fine every time during the period of repeated crimes, the Defendant committed the instant crime. In light of the above, the Defendant committed the instant crime.

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