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(영문) 수원지방법원 안양지원 2015.10.16 2015고단172
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On November 20, 2014, around 15:40, the Defendant: (a) left the seat in the subway station in the subway station, which was driven in the direction of the water sources; (b) while the subway stops in the Korea Railroad Corporation (Cole Day) located in Ansan-si, Ansan-si; (c) and (d) when stopping in the subway station, the Defendant was urged from the social work personnel E (the age of 23) belonging to the railway station that “a person who drives in the train is locked,” the Defendant was able to get off the train and get off the subway.

이에 피고인은 에스컬레이터를 타고 2층 대합실 방향으로 이동하면서 별다른 이유 없이 에스컬레이터에 탑승한 열차 이용객들에게 소리를 지르고 삿대질을 하여 E이 이를 제지하자, 대합실 남자화장실 부근에서 E에게 ‘내가 뭘 잘못 했냐, 이 씨발 새끼야, 넌 뭐하는 놈이냐’고 욕설을 하며 머리로 그의 가슴을 10여 회 들이받아 폭행하였다.

As such, the Defendant interfered with the maintenance of social work personnel order and passenger guidance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of each statute on photographs;

1. The reason for sentencing of Article 136(1) of the Criminal Act and Article 136(1) of the choice of punishment for the crime [the scope of recommending punishment] The basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (the decision of sentence] that there is no person who has been sentenced to punishment for the same crime, such as obstruction of performance of official duties or obstruction of official duties (the decision of sentence] five times, there are many criminal records, a lot of fines, and a person who suffers from alcohol dependence, and it seems that there is no person who is able to assist him/her to receive appropriate medical treatment. It seems that there is no person who is able to assist him/her to receive appropriate medical treatment, and that social relation is not clear, and that the possibility of recidivism is high.

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