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(영문) 서울남부지방법원 2016.08.10 2016고단608
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【The Defendant was sentenced to ten months of imprisonment for a crime of assault at Seoul Southern District Court on July 17, 2014, and the said judgment became final and conclusive on October 31, 2014, and completed the execution of the sentence in Seoul Detention Center on January 9, 2015.

【 범죄사실】 『2016 고단 608』 피고인은 2016. 1. 9. 10:05 경 서울 양천구 B 상가 1 층에서 그곳에 있던 청소원들 및 경비원들에게 욕설을 하고 행패를 부리다가, 112 신고를 받고 현장에 출동한 서울 양천 경찰서 C 지구대 소속 경위 D로부터 신원 확인을 위한 신분증 제시를 요구 받자, 오른손으로 주머니에 있는 핸드폰을 꺼낸 뒤 핸드폰을 쥔 손으로 위 D의 가슴 부위를 1회 폭행하였다.

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

On March 20, 2016, the Defendant: “G” operated by the Victim F in Silung-si, 05:40 on March 20, 2016, the Defendant: (a) sent the same attitude to pay the price in spite of the absence of the intent or ability to pay the drinking value; (b) by deceiving the victim by the method of ordering the food of the victim; and (c) by deceiving the victim; and (d) obtained the delivery of alcohol and salves equivalent to KRW 350,00,000, including 15 Crier Criju, from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. A H statement;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, personal identification and acceptance status Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (Interference with the performance of official duties), Article 347(1) of the Criminal Act (the point of fraud) and the choice of imprisonment, respectively, for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of applicable sentences under law: Imprisonment for one month to thirty years; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic crime: a crime interfering with the execution of official duties (a).

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