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(영문) 서울서부지방법원 2014.05.13 2013고단2872
공무집행방해등
Text

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

Reasons

Punishment of the crime

[Criminal Power] On December 19, 2006, the Defendant was sentenced to a fine of three million won for the crime of obstruction of performance of official duties by the Seoul Western District Court, and on September 17, 2010, the Seoul Central District Court sentenced six months of imprisonment for the crime of obstruction of performance of official duties by the Seoul Central District Court, and completed the execution of the sentence on December 19, 201 at the Seoul Central District Court.

In addition, on January 27, 2012, the Defendant was sentenced to imprisonment with prison labor for not more than eight months at the Seoul Eastern District Court for the same year.

8.9. The Seongdong-gu District Court completed the enforcement of the sentence.

【Criminal Facts】

1. Around October 23, 2013, at the front of the Seoul Mapo-gu Seoul Mapo-gu Police Station, Mapo-gu, Seoul, 618-1, insultd the victim by openly insulting the victim on the ground that the police officer E, who belongs to the Seoul Mapo-gu Police Station D Zone D District of Seoul, demanded the victim to return home as a matter of the taxi fee rate, and the police officer E, who was the victim, was in his/her custody, during the process of having avoided the disturbance, at the front of the Seoul Mapo-gu Police Station, Mapo-gu, Seoul, Mapo-gu, Seoul., 618-1 on October 23, 2013.

2. When the police officer notified the Defendant to arrest the Defendant as an offender in the act of insult at the time, time, and place specified in paragraph (1), the Defendant assaulted the Defendant, by putting the E’s timber into her hand, and destroying the bridge.

Accordingly, the defendant interfered with legitimate execution of official duties concerning the arrest of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. C’s statement;

1. A complaint;

1. Previous records: References to criminal records and investigation reports (report on confirmation of repeated crimes of a suspect and attachment of recent judgments by a suspect);

1. Relevant provisions of the Criminal Act and Articles 136 (1) and 311 of the Criminal Act concerning facts constituting an offense. Article 136 (Selection of Imprisonment with Labor);

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the sentence of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act is similar to the defendant, such as violence, obstruction of performance of official duties, etc.

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