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(영문) 서울중앙지방법원 2018.07.12 2018고단3345
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 29, 2017, the Defendant was sentenced to 10,000 won of imprisonment and fine of 30,000 won for obstructing the performance of special official duties in order to prevent the Defendant from performing his/her duties in the closing support of the District Court, and completed the execution of the sentence on January 7, 2018.

On March 6, 2018, at around 22:0, the Defendant: (a) 3 of Jongno-gu Seoul, Jongno-gu 111 Ro-ro 11 Ro-ro 11 Ro-ro 5 calendars around the front line; (b) took a scambling to unspecified players; (c) took a scambling to check the personal information of the police officers assigned to the front line after receiving a report 112; and (d) took the above D, etc. with the above D, etc., by taking a hambling the body of the police officers dispatched to the scene of the above D and taking them out together with the police officers assigned out of the scene; and (d) took the scambling in the course of arresting the police officer who tried to be arrested and detained as the current offender, and took the face of the above D’s face by assaulting them during the course of the patrol.

As a result, the Defendant interfered with legitimate performance of duties related to the field investigation of the above D, etc. who is a police officer after receiving 112 report, and interfered with legitimate performance of duties related to the escorting of a flagrant offender like the police officer D.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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. Article 35 of the Criminal Act of aggravated repeated crimes has a lot of history of the same crime for sentencing, and the same crime has been committed during the period of the same repeated crime.

It is inevitable that the sentence of imprisonment is imposed because the degree of the assault is not somewhat weak.

Punishment was set within the scope of the sentencing criteria.

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