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(영문) 서울서부지방법원 2017.03.16 2016고단3943
공무집행방해등
Text

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

Reasons

Punishment of the crime

[criminal history] On March 10, 2016, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Southern District Court on March 10, 201, and completed the execution of the sentence at the original prison on November 11, 2016.

[Criminal facts]

1. The Defendant, at around 10:00 on December 15, 2016, found the Defendant, who met the victim D (59 years of age) or E, a security guard within the second 2 seconds of the Mapo-gu Seoul Metropolitan Government apartment complex C, 104 at the expense of 104, the Defendant would not drink the Defendant.

For the reason that he said, he assaulted the victim by walking the left side to the face of the victim, and by drinking the victim.

2. The Defendant interfered with the performance of official duties at the time, time, and place specified in paragraph 1 and reported by the host to the scene that the G of the F District of Mapo Police Station who called to the scene would be able to assault the said D, and the Defendant would be able to assault the said D, thereby making the face of G one time at the right drinking, and later, G would be able to take the Defendant’s lock and take the Defendant on the patrol vehicle, and why you would be able to hear only the cover of the arm’s dog, and why you would do so;

내가 뭘 잘못했느냐

"To spits or spits the face of G, and assaults the face of G one time by head."

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the handling of reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Investigation report (suspector telephone communications);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (the confirmation of completion of sentence execution);

1. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each crime;

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

1. One type of crime (influence of execution of official duties) on the grounds of sentencing in Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes (influence of execution of official duties) (influence of execution of official duties).

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