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(영문) 서울중앙지방법원 2013.07.17 2013고단2601
공연음란등
Text

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

Reasons

Punishment of the crime

1. On October 1, 2010, the Defendant was sentenced to eight months of imprisonment with prison labor for the obstruction of performance of official duties at the Seoul Central District Court on April 26, 201, and completed the execution of the sentence at the Seoul Detention Center.

2. Criminal facts;

A. Around 11:00 on March 22, 2013, the Defendant of public performance and obscenity was in the front of the D District Zone located in Gwanak-gu in Seoul Special Metropolitan City, and appeared to have a breath and breath from all under the influence of alcohol, and continuously, around 11:28 on the same day, the Defendant was in a publicly obscene act, such as getting off from all the statues and breaths, and showing sexual intercourses in front of the Identity Community Center located in the same 1601-3.

B. The Defendant is obstruction of the performance of official duties.

At around 16:10 on the same day, the Defendant was arrested as a flagrant offender from F, a police officer belonging to the Seoul Gwanak Police Station D District of the Seoul Gwanak Police Station, who was called up after receiving a report of 112 that the Defendant was under the influence of alcohol in the Identification Service Center, and committed assault, such as the f's head collection, the f's head collection, and the f's head f's head f's head f, and the f's head f's head f's head f.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Investigation report (victim's statement);

1. Recording recording recording and reporting (E);

1. On-site photographs and photographs;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Public performance and obscenity of the relevant criminal facts: Article 245 of the Criminal Act: Article 136 (1) of the Criminal Act;

1. In addition to the repeated crime as indicated in the judgment, the Defendant: (a) on November 13, 2001, at the Seoul Central District Court sentenced 10 months of imprisonment with prison labor for the obstruction of performance of official duties; (b) on October 10, 2002, at the same court, sentenced 1 years of imprisonment with prison labor for the obstruction of performance of official duties; and (c) on June 1, 2006 at the same court, 8 times of the same power, such as imprisonment with prison labor for the same crime

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

1. The Criminal Act among concurrent crimes.

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