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(영문) 서울중앙지방법원 2016.12.08 2016고단1817
특수공무집행방해
Text

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

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

[Attachment] On July 20, 2012, the Defendant was sentenced to two years and six months of imprisonment with prison labor at the Seoul Central District Court on July 20, 2012, and completed the execution of the said sentence on November 20, 2014.

【Criminal Facts】

On March 16, 2016, at the C convenience store located in Dongjak-gu Seoul Metropolitan Government, around 01:20 on March 16, 2016, the Defendant: (a) took the convenience store to the customers who visited the convenience store under the influence of alcohol, and the circumstances leading up to the affiliation of the Dongjak Police Station D District called the Defendant upon receiving a report of the convenience store; (b) took the Defendant’s bath to the above E, “I am Chewing; (c) I am aware of the inside; (d) I am shot; and (d) I am shot (10cm in length), a dangerous object, and boomed the above E several times in a way that I am spath and spath off the e.

Accordingly, the defendant carried dangerous objects and obstructed legitimate execution of duties of police officers concerning patrol duties.

Summary of Evidence

1. Each police statement of E and F;

1. Records of seizure and the list of seizure;

1. Criminal records: Criminal records, US records, report on the results of confirmation, application of Acts and subordinate statutes concerning personal identification and current status of personal identification;

1. Relevant Article 144(1) and Article 136(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [Scope of Recommendation] The reason for the sentencing of Article 35 of the Criminal Act : (a) the basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (special mitigation) where the degree of violence, intimidation, and deceptive scheme is insignificant / (a type 1) the case where carrying dangerous things (a sentence is rendered) / [a] the case where the crime is bad by assaulting the police officer in uniform with dangerous things, such as wearing dangerous things, etc.; (b) the circumstance after the crime is committed, such as taking a bath and avoiding disturbance after taking in the police station; and (c) other circumstances such as the defendant's age, character and behavior, environment, family relationship, and crime.

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