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(영문) 서울남부지방법원 2016.05.11 2015고단5492
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. At around 13:50 on November 25, 2015, the Defendant obstructed the legitimate execution of duties by assaulting the Defendant regarding the duty of guard for auxiliary police officers on the front side of the 70-lane 18 “Korea-do building,” the National Assembly of Yeongdeungpo-gu, Seoul. On the 13:50th day, the Defendant: (a) obstructed the lawful performance of duties by assaulting the Defendant, such as “C flag, flag,” and “the head of flag,” and “the head of flag,” and “the head of flag,” and “the head of flag,” and “the head of flag.

2. On November 25, 2015, at around 14:10 on November 25, 2015, the Defendant assaulted the police officer D, a police officer affiliated with the Seoul Yeongdeungpo Military Police Station, who called out after receiving a report 112, to arrest the Defendant as a current offender of the crime of interference with the performance of official duties, and receive DNA face from the head of the defect on the patrol, thereby interfering with legitimate performance of duties concerning the arrest of the police officer.

Summary of Evidence

1. Each protocol of examination of a witness in relation to C, E, or D of this Court;

1. Statement made by the police against D;

1. Each written statement in C and E;

1. Side photographs of damaged police officers;

1. On-site photographs;

1. Application of Acts and subordinate statutes notifying departments related to 112 Incident reporting;

1. Article 136 (1) of the Criminal Act and the choice of punishment for the crime, Articles 136 (1) of the Criminal Act and the choice of imprisonment;

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. From six months to one year and four months (the group of crimes that interfere with the performance of public duties, interference with the performance of public duties, Type 1 (Interference with the performance of public duties and coercion of duties), basic area) of imprisonment with prison labor on the sentencing guidelines: Imprisonment with labor for up to six months to two years;

2. Determination of sentence of punishment of this case not only does the nature of each of the crimes in this case be less severe, but also if the defendant confirms the facts of the crime through examination of witness, he shall be recognized.

On the witness examination date, the witness was absent without permission, and according to the witness's statement, the defendant's criminal facts are sufficiently recognized.

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