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(영문) 의정부지방법원 2018.01.08 2017고단5262
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 28, 2016, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Good Offices, etc.), etc. at the District Court of the Republic of Korea, and completed the execution of the sentence on September 1, 2017.

On November 6, 2017, 01:00, the Defendant: (a) on the roads adjacent to D main points located in C at the Office of Government Administration of the Gyeonggi-do 01:00, and (b) on the roads adjacent to the D main points in C; (c) “A police officer affiliated with the Speaker Police Station who was dispatched after receiving a report of 112 details, attempted to arrest F, who is the Defendant’s seat, as the current criminal of special injury; and (d) caused the above police officer’s failure to arrest F, who is the Defendant

“The chest of the above police officer was tightly pushed up twice with his hand.” The chest of the police officer was tightly pushed up.

Accordingly, the defendant assaulted a police official who performs his duties and interfered with legitimate 112 reporting processing affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol against E;

1. 112 Entry of the details of the report; and

1. Previous convictions in judgment: Application of the respective Acts and subordinate statutes described in a reply to inquiry, such as criminal history, personal confinement status, investigation report (Attachment of copy of the judgment), and inquiry of judgment;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [the scope of the punishment in law] The basic area of sentencing under Article 35 of the Criminal Act [the scope of the punishment in law] 10 years or less [the scope of the punishment in question] [the scope of the punishment in question]: From June to January 1, 200, the defendant was released on June 30, 2015 and was released on June 13, 2015, and the remaining term of punishment was expired since August 28, 2016 after being sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, Etc.) at the District Court of the Republic of Korea on May 26, 2014; and again, he/she was sentenced to imprisonment with prison labor for a violation of the Act on the Protection of Children and Juveniles from Sexual Abuse (a violation of the Act on January 28, 2016).

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