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(영문) 서울중앙지방법원 2015.04.24 2015고단1419
공무집행방해
Text

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

Reasons

Punishment of the crime

On June 4, 2013, the Defendant was sentenced to six months of imprisonment for the obstruction of performance of official duties at the Seoul Central District Court on June 4, 2013, and completed the execution of the sentence in the Ansan Prison on June 7, 2014.

On March 13, 2015, at the main point located in Gwanak-gu in Seoul Special Metropolitan City on March 22 and 50, 2015, the Defendant: (a) reported 112, and solicited a police officer, a police officer belonging to the Seoul Gwanak-gu Police Station D Zone D District, who called to the site, to take the Defendant out of the main place and return to the country; (b) subsequently, the Defendant: (c) took the bath, such as “I want to wear a uniform; (d) I spath a drinking; (e) spath a son; (e) frith a son; and (e) me path a breast; and (e) committed assault, such as assaulting the Defendant, by placing his hand on the head of the patrol, and making two times the face of E son’s hand, who was dispatched to the site.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the protection of the lives and bodies of the police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. On-site photographs;

1. Investigation report (Evidence record 136 pages);

1. Previous convictions indicated in judgment: Criminal records, personal identification and confinement status, and application of Acts and subordinate statutes of a report on investigation (Attachment to the same kind of electricity, etc.);

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime (the point of obstructing performance of official duties and the choice of imprisonment);

1. The reason for sentencing Article 35 of the Criminal Act among repeated offenders [the range of recommending punishment] Article 35 of the Criminal Act: (a) the aggravated area (one year or four years of obstruction of performance of official duties) [the person under special jurisdiction] of the same repeated offense [the decision of sentence] is against the defendant; (b) the degree of damage of this case; (c) the defendant is the period of repeated offense of the same kind of crime; and (d) the defendant is the period of repeated offense of the same kind of crime; and (e) the defendant has the power

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