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(영문) 서울중앙지방법원 2016.06.03 2016고단2422
특수공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On July 18, 2014, the Defendant was sentenced to five months of imprisonment due to assault, bodily injury, etc. at the Seoul Central District Court on July 18, 201, and completed the enforcement of the sentence at the Seoul Detention Center on October 26, 2014.

On February 6, 2016, at around 19:00, the Defendant: (a) was drunked in a D box located in Jung-gu Seoul, Jung-gu, Seoul; (b) was reported to the effect that coffee was sold to E and scisfed; and (c) was scambling; (d) was scambling by the police officer of the said box; and (e) was scaming the scam of the box; and (e) was scaming the scam of the scambling box from the scamf (36 years old) to whom the said box belongs to the police officer assigned to scambling the scambling box; and (e) was 2 cm above the right scam of the victim.

Accordingly, the defendant carried dangerous things and interfered with legitimate execution of duties and civil service handling within the F police box, which is a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. E statements;

1. Police seizure records;

1. Photographs of cotton, and victim's photograph;

1. Previous records: Investigation reports (verification of the period of repeated crimes and application of the relevant judgment and application of Acts and subordinate statutes to each individual and current status of confinement);

1. Relevant Article 144 (1) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense and Articles 144 (1) and 136 (1) of the Criminal Act that choose a penalty;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Where the person carries dangerous articles (one year to four years) in the aggravated area (one year to four years) (a person who has been specially increased) in accordance with the sentencing guidelines, the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines; and

2. Circumstances unfavorable to the decision of sentence: Although the defendant had had been punished several times for the same kind of crime, it is not good that the defendant carried dangerous objects and obstructed the police officer's performance of official duties during the period of repeated crime;

The favorable circumstances: the defendant is able to repent of wrong facts.

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