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(영문) 서울남부지방법원 2017.04.19 2016고단5983
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On June 4, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. in Seoul Eastern District Court, and on April 10, 2016, the Defendant completed the execution of the sentence in the astronomical Prison.

On November 10, 2016, the Defendant: (a) around 05:10 on November 10, 2016, around C’s main points located in Gangseo-gu Seoul Metropolitan Government, and (b) around 112 on his/her own friendly relationship, the circumstances surrounding the D District of Gangseo-gu Seoul Police Station, which was called up after receiving a report, separated the type of friendly relationship with the Defendant and tried to listen to the circumstances of the case.

C. C. C. C. Dubling a vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable vegetable.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. A written statement of F and G;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The sentencing guidelines [Scope of Recommendations] the basic area (from June to one year and six months) (the person subject to special sentencing) of the category 1 (Interference with the performance of official duties and coercion of duties) and the scope of comparative sentencing between the sentencing guidelines and the recommended types: Six months to four months;

2. Determination of sentence: Imprisonment with prison labor for four months, the defendant committed a crime during the period of repeated crime.

After the execution of punishment has been completed, crimes have been committed only seven months.

The defendant has been punished several times for violence tendency crimes, and has been sentenced several times for other crimes.

Even after the crime is committed, the nature of the crime is poor, such as intimidation by police officers.

In order to protect the legitimate performance of official duties of the state and to establish a sound social order, it is necessary to strictly interfere with the performance of official duties.

In consideration of this point, the punishment should be imposed because it is a crime during the period of repeated crime.

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