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(영문) 서울남부지방법원 2016.09.28 2016고단3525
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around July 25, 2016, the Defendant: (a) 01:20 on the front side of the “D convenience store” located in Yeongdeungpo-gu Seoul Metropolitan Government, and (b) f (16) and G (15) f (15 years old) drive away the victims on the ground that the Defendant excavated away from the victim without a brucation; (c) the Defendant frighted one time to walk back the victim E’s chest and the side f of the victim F; and (d) fright up two plastics near the said “D convenience store,” and fright up the victim G by gathering two plastics near the said “D convenience store,” and fright the victim G to the left side of the victim G.

Accordingly, the defendant assaulted victims respectively.

2. On July 25, 2016, at around 01:40, the Defendant: (a) reported that he/she was to know-how at the above place; and (b) was a physical disease on the ground that the police officer belonging to the Seoul Yeongdeungpo-gu Police Station H District Police Station, the police officer belonging to the Seoul Young-gu Police Station, and called-out, I had the above I’s left face face one time; and (c) made one time a eyebrow on the right side with the left hand hand.

Accordingly, the defendant assaulted police officers I, thereby obstructing police officers' legitimate execution of duties concerning the handling of reported cases and the protection of people's lives, bodies, and property.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement protocol with respect to E, F and G;

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes to the upper part of the body photographs, and of damaged photographics;

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic crime: A crime interfering with the performance of official duties [the types of decisions]; a crime interfering with the performance of official duties; a crime interfering with the performance of official duties; a person who has no person who has been forced to perform his/her duties (one type] [the territory of recommendations and the scope of punishment]; a basic area; a term of imprisonment with prison labor for up to six months from

(b) Concurrent Crimes Nos. 1 and 2: Victims E and F;

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