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(영문) 서울중앙지방법원 2017.07.12 2017고단3316
특수공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 17, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor by obstructing the performance of official duties at the Seoul High Court, and on December 15, 2014, the Seoul High Court completed the execution of the sentence at the Seoul Detention Center.

around 01:30 on May 12, 2017, at the defendant's house located in Gangnam-gu Seoul Metropolitan Government I building 703, the police officers who were at the time of the above J while the defendant was in a late-time conflict with the denied J who returned home due to alcohol, and who received 112 reports were dispatched.

The defendant was dispatched to the above apartment on the same day by the police officer of the Seoul Gangnam Police Station belonging to the Seoul Gangnam Police Station on the same day as the police officer "whether or not the police officer has left the house inside the house.

“A police officer, who puts the dispute into a wall with a strong voice, putting it into a wall, putting it into the wall, citing a kylly plastic sculpture (20 cm wide, 5 cm high, 0.5 cm thick) on the floor of the wall, putting and threaten police officers with a brush as if the brusheed, and putting them into the wall, and threatening police officers who restrain the brush to death.” The bruth of the above Article threatens the crush of K.

Accordingly, the defendant carried dangerous objects and interfered with the police officer's legitimate execution of duties on the handling of report 112.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each police statement made to K and J;

1. Investigation report (investigation of deadly weapons used by the person under investigation) and photograph thereof;

1. Records of crime: Application of inquiry letter, investigation report (report accompanied by a copy of the judgment), text of the judgment, and the current status of acceptance of each individual, such as criminal history;

1. Article 144 (1) and Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendations] The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [the scope of punishment] is the crime committed during the period of the same repeated crime, where the degree of violence, intimidation, deceptive scheme, or interference with official duties is minor (a person subject to special mitigation (aggravated mitigation)], or where the degree of violence, intimidation, deceptive scheme, or interference with official duties is minor.

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