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(영문) 서울서부지방법원 2016.05.24 2016고단635
공무집행방해
Text

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

Reasons

Punishment of the crime

On September 15, 2014, the Defendant was sentenced to four months of imprisonment with prison labor by interfering with the performance of official duties at the Suwon Franchi, and was released from a female prison on November 7, 2014, which was pending a trial in the Supreme Court of Appeals, and the said judgment on November 27, 2014 became final and conclusive.

At around 03:40 on March 12, 2016, the Defendant attempted to take the head on cement table with the consent of the relevant police officer, etc. in the process of being arrested and investigated as a current offender on the ground that the Defendant did not pay an amount equivalent to KRW 440,00 from the main point of the day at the Yongsan-gu Seoul Yongsan Police Station D box, which is located in Yongsan-gu Seoul, to the victim E (43), a police officer, who works for the said police box, in the process of being arrested and investigated as a current offender.

이에 E이 제지하자, 그의 오른쪽 다리를 발로 1회 차고 재차 낭 심 부위를 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to criminal investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Each police statement protocol with respect to G and E;

1. On-site photographs and CCTV photographs;

1. Previous convictions in judgment: (A) of a reply to inquiry, such as criminal history, and reporting of investigation (A) of an application of the Act and subordinate statutes;

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

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendations] The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [the scope of punishment] is as follows: (a) the area of aggravation (one year to four years of interference with the performance of official duties and coercion) (a special aggravation of punishment] of the same type repeated crimes [decision of sentencing] was determined by taking full account of all the sentencing conditions as shown in the arguments, such as the defendant's age, sexual conduct, motive and circumstance of the crime, means and consequence of the crime, circumstances after the crime, etc., and the sentence was determined as above.

(b)bed;

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