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(영문) 서울남부지방법원 2020.01.21 2019고단5523
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On March 10, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for obstruction of performance of official duties, etc. in the Daejeon District Court's astronomical Branch, and the execution of the sentence was terminated on February 20, 2017.

On August 23, 2019, at around 21:00, the Defendant: (a) committed assault on the front side of the C restaurant in Geumcheon-gu Seoul, Geumcheon-gu, Seoul; (b) the Defendant was under the influence of alcohol, and the background leading up to the Seoul Geumcheon Police Station affiliated with the Seoul Geumcheon Police Station that sent out after receiving a report of 112 that the Defendant would escape disturbance; and (c) expressed the Defendant the Defendant’s complaint, and expressed the said D as “police officers, police officers, battoves, sark, sark, cut back, and cut off”; (d) 2 times the drinking of the saidD’s face, and harming the saidD.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Video CDs taken on the face of a crime;

1. Investigation report (to hear telephone statements from police officers visiting the police station and telephone recording);

1. Previous records of judgment: Application of criminal history records, investigation reports (applicable to the same type of power and the fact that the person is a repeated crime);

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

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders is that the crime of obstructing the performance of official duties is a crime that undermines the function of the state’s legal order and requires strict punishment, there are many records of violence related to violence, crime during the period of repeated offense, and the degree of violence is not less than that specified in the proceedings of pleadings and records, and the sentencing conditions indicated in the records of the case are determined as ordered.

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