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(영문) 서울남부지방법원 2017.10.27 2017고단1683
공무집행방해
Text

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

Costs of lawsuit shall be borne by the defendant.

Reasons

Punishment of the crime

On March 13, 2017, at around 16:25, the Defendant: (a) expressed his desire to “Seak-gu Ma police station in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, Police Station D’s police box; (b) on the ground that the police box E and G, the Defendant, who was under the control of illegal street occupation, controlled the Defendant’s street occupation; and (c) expressed his desire to “Seak-gu Ma, the like fom, must grow up to ensure the police of the Defendant; and (d) assaulted the Victim, who was under the control of illegal street occupation, with the Defendant’s shoulder, thereby hindering the legitimate performance of official duties on the control of illegal street occupation by the police officer.”

Summary of Evidence

1. The witness F and E’s legal statement;

1. The legal statement of the witness H in part;

1. Application of Acts and subordinate statutes to investigation reports (related to the attachment of such video CDs);

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 under Article 186(1) of the Criminal Procedure Act, which bears the costs of lawsuit;

1. The sentencing guidelines [Scope of Recommendations] the basic area (from June to January), the basic area (from January to June) (the person subject to special sentencing) of types 1 (the prevention of interference with the performance of public duties and the coercion of duties) and the scope of comparative sentencing with recommended types: Six months to six months;

2. The punishment shall be imposed, considering the fact that a police officer actively interferes with the performance of duties of a police officer in making a decision on a sentence of punishment, the circumstances of the crime, the degree of violence, the circumstances after the crime (up to arrest), the records of the crime (up to 15 times or more), and other conditions of sentencing, such as the age, sex, family environment, etc. of the defendant;

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