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(영문) 서울동부지방법원 2016.02.15 2015고단3476
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

【Criminal Force” On December 20, 2013, the Defendant was sentenced to two years of imprisonment with prison labor by obstructing the performance of official duties at the Seoul Eastern District Court, and completed the execution of the sentence on June 11, 2015.

[Criminal Facts]

1. The Defendant violated the Punishment of Minor Offenses Act: (a) around 20:00 on September 21, 2015, and from around 22:43 on the same day, at the Seoul Gangseo-dong Police Station D police station located in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, Seoul; (b) under the influence of alcohol, the Defendant: (c) was under the influence of alcohol a fine on several occasions; (d) the Defendant was under the influence of alcohol.

In the state of drinking three hours, the head of the police dog flab and the head of the death flab, the head of the police dog flab, and the government office flabed by very rough horses and actions at the government office for three hours.

2. 공무집행 방해 피고인은 2015. 9. 21. 22:43 경 제 1 항 기재 서울 강동 경찰서 D 지구대 출입문 앞에서, 112 신고 출동을 마치고 복귀하는 위 지구대 소속 경위 E에게 큰 소리로 ‘ 이 씹할 놈! 너는 가만히 있어, 확 죽여 버릴까 보다!

“Intimidating” and assaulting the E’s sexual organ and the part of the return once by her hand.

As a result, the defendant interfered with the police officer's legitimate execution of duties concerning return after sending the 112 report and sending the report.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Indicating each part of the protocol concerning the examination of the suspect against the accused by the prosecution;

1. Previous convictions: The application of Acts and subordinate statutes, such as a reply to inquiry, such as criminal history, criminal suspect's previous convictions, and recidivism during the period of repeated crimes;

1. Relevant provisions of the Punishment Act concerning the facts constituting the crime, Article 3 (3) 1 of the Punishment of Minor Offenses Act (the fact that the official document is revoked, the selection of fines), and Article 136 (1) of the Criminal Act (the point that obstructs the performance of official duties, the selection of imprisonment with prison labor);

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

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the Criminal Act concerning the punishment of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.

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