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(영문) 서울북부지방법원 2018.10.19 2018고단2148
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On October 23, 2015, the Defendant was sentenced to ten months of imprisonment with labor or two years of suspension of execution due to the obstruction of the performance of official duties in a deceptive scheme by the Seoul Northern District Court, and on August 26, 2016, the said sentence of suspension of execution became effective upon being sentenced to eight months of imprisonment with labor due to the obstruction of the performance of official duties in a special court at the same court on August 26, 2016. On February 20, 2018, the said judgment became final and conclusive, and the execution of each of the above sentence was completed in the first intersection of the North Northern Northern District Court.

[2] On March 19, 2018, at the “C convenience store” located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul around 05:57, the Defendant was subject to the police officer E, and the assistant F, who was called out after receiving a report of 112 that he was in the influence of the disturbance during the influence of alcohol, to the police officer assigned to the Seoul Franc Police Station Dental Police Station, who was called out by the Defendant. The Defendant “Iskn't know that he was the North Korean Warr, and Sh's sh's sh's sh's sh's sh', and the Defendant threatened the above E, F, and was aboard the above E and F on the road before the convenience store.

12 During the patrol, violence was committed, such as taking the police officer's disease against the police officer.

Accordingly, the defendant has prevented police officers from performing their legitimate duties in relation to 112 reporting processing duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A written statement of the G production;

1. Investigation report (to hear statements from a witness G phone);

1. A report on investigation (to hear statements by a police officer in call);

1. Investigation report (CCTV investigation);

1. A report on investigation;

1. A detailed statement of the processing of reported cases;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (referring to inquiry of information by the Ministry of Justice), investigation report (Attachment to the previous rulings and attachment to the said rulings), and investigation report (Cumulative offense);

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Although Article 35 of the Criminal Act recognizes the defendant as substitute for the crime of this case, the defendant has already been punished for the same kind of crime several times, and the execution of the last sentence has been completed.

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