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(영문) 서울남부지방법원 2017.05.24 2017고단1646
공무집행방해
Text

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

Reasons

Punishment of the crime

On April 10, 2017, the Defendant: (a) around 23:40 on April 10, 2017, entered the police box of the Seoul Guro Police Station D, Guro-gu Seoul, Seoul, and without any particular reason, used for a police officer who works for a situation while under the influence of alcohol.

pp. Mazn Mazn Mazar, Mazn Maz

The 3 patrol team leader, who was in charge of the instant patrol box, was able to take the Defendant out of the patrol box, and assaulted the Defendant at one time to walk the left part of the above E’s left part of the 3 patrol box.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of each Act and subordinate statutes to a CD of video images taken by CCTV boxes;

1. The Defendant again commits the instant crime without being aware of the fact that he/she was sentenced to a suspended sentence of 8 months in Seoul Southern District Court on September 18, 2014 and was sentenced to a suspended sentence of 2 years in Seoul Southern District Court on September 18, 2014; the background and method of the instant crime; the defectiveness of the method; the crime of obstructing the performance of official duties was committed in light of the following: (a) there is no reason [the scope of recommending punishment] that there is no person [the person who has been subject to special sentencing] in the basic area (from June to January 14) (the person who has been subject to a suspended sentence]; and (b) the Defendant again commits the instant crime without being aware of the fact that he/she had been sentenced to punishment several times for the instant crime; and (c) the reason and method of the instant crime; and (d) the crime of obstructing the performance of official duties requires that he/she be sentenced to a severe punishment due to an act disturbing public authority

In addition, the sentence shall be determined as ordered in consideration of the sentencing conditions shown in the records, such as the fact that the defendant is against the defendant, the age, sex, and environment of the defendant.

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