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(영문) 서울남부지방법원 2014.11.13 2014고단3769
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On April 19, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for obstruction of performance of official duties, etc. by Seoul Southern District Court on March 10, 2014.

1. On September 30, 2014, around 22:55, the Defendant: (a) reported on September 30, 2014 that a assault case occurred in front of the building in Yeongdeungpo-gu Seoul Metropolitan Government, and discovered a slope E belonging to the D District Unit of the Yeongdeungpo-gu Police Station D District, Yeongdeungpo-gu, Seoul, to be called to the site and arranged the case at the site; (b) the Defendant expressed a desire to the effect that “I are police officers of this weather,” and assaulted the right side of the said E one time by drinking on the right side.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

2. On September 30, 2014, around 23:30 on September 23:30, 2014, the Defendant: (a) arrested the Defendant as a flagrant offender committing an offense of obstruction of performance of official duties by the superintendent F of the police station affiliated with the D District Unit of the Yeongdeungpo-gu Police Station on the ground of the foregoing paragraph (1) on September 30, 2014; and (b) led to the performance of official duties as the D District of the Yeongdeungpo-gu Police Station; and (c) expressed a desire to “this fins of the police officers must die,” and assaulted the fins at one time on their head.

Accordingly, the defendant interfered with the police officer's criminal investigation and the lawful execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Ethical Ethic photo;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (suspect A's confirmation of the same kind of power);

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

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent offenders, the sentencing reasons for Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act have many records of punishment for violent crimes, such as obstruction of performance of official duties, and the Defendant again commits the instant crime even during the period of repeated crimes, it is inevitable to sentence the Defendant as a sentence in light of the following:

On the other hand, the defendant recognizes the crime.

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