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(영문) 서울동부지방법원 2017.08.31 2016고단825
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around February 18, 2016, the Defendant: (a) 21:40 on February 18, 2016, the Defendant brupted the victim C (61 years of age) returning home from the front door of the Songpa-gu Seoul Metropolitan Government apartment B apartment house 218, without any reason, to take a time fee, and assaulted the victim’s face at one time by drinking the victim’s face.

2. Interference with performing public duties;

A. On February 18, 2016, at around 21:50, the Defendant received 112 reports in front of the security room of the above apartment building 6 and confirmed that the above C was a nose, and used to inquire of the police officer E (23) affiliated with the Seoul Song-gu Police Station Down Police Station, who was under questioning of the developments of the assault, “I will know who is inside the military,” and assault E’s face at one time on drinking;

B. On February 18, 2016, at around 22:10, the Defendant: (a) arrested the D police box located in Songpa-gu Seoul, Songpa-gu Seoul for the above assault charges; and (b) assaulted the left-hand bucks and the right-hand fucks of the above E while taking custody.

As such, the Defendant interfered with the legitimate execution of duties concerning the prevention, suppression, and investigation of each crime of E.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement by the police for C and E;

1. A report on investigation (related to attachment of a work site for E service), a police box assigned to a D police box, and a report on investigation (related to verification as to whether a witness G is a witness);

1. A medical certificate;

1. Application of Acts and subordinate statutes on suspended photographs;

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence) concerning criminal facts, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment with prison labor;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Crimes 1 (Obstruction of Execution of Official Duties) applicable to the sentencing guidelines / [Scope of Recommendation] Crimes 2 (Obstruction of Execution of Official Duties) in the basic area (from June to June) of Class 1 (Obstruction of Performance of Official Duties and Forced Performance of Duties) (Scope of Recommendation) [Scope of Punishment] Crimes 3 (Assault) in the basic area (from June to June) of Category 1 (Obstruction of Execution of Official Duties and Forced Performance of Duties) (Scope of Forced / Punishment] in the basic area (from June to June).

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