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(영문) 서울중앙지방법원 2018.12.21 2018고단4448
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding three hundred thousand won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

[criminal records] On January 25, 2017, the Defendant was sentenced to ten months of imprisonment with prison labor by obstructing the performance of official duties at the Seoul Central District Court, and completed the execution of the sentence on August 27, 2017.

[Criminal facts]

1. On July 4, 2018, at around 01:16, the Defendant: (a) committed assault by the Defendant, on the first floor of the Seocho-gu Seoul Seocho-gu Seoul Building (hereinafter “Seoul Seocho-gu”) who was called out after receiving a report of 112 to the effect that the Defendant assaults another person; (b) on the part of a person who was requested to return home from E during the process of the police box belonging to the Seocho-gu Police Station D branch; and (c) on the part of a person who was requested to return home from E; and (d) the Defendant spath

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

2. The Defendant for violation of the Punishment of Minor Offenses Act: (a) from July 4, 2018 to July 01:30, 2018, to 02:00, the death of the Defendant, while drunk at the D police box located in Seocho-gu Seoul Metropolitan Government F, shall be discarded to the police officers at the place of the crime.

개새끼, 씹새끼” 등 욕설을 하고 테이블과 출입문을 발로 걷어찼다.

Accordingly, the defendant, while under the influence of alcohol, forced or scamed by very rough words and conducts at government offices.

Summary of Evidence

1. The defendant's partial statement

1. Statement E;

1. Each CD;

1. Application of Acts and subordinate statutes to investigation reports (prior convictions and confirmation of repeated crimes);

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the disturbance of revocation in official books, and the choice of fines) concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes (with respect to a violation of the performance of official duties);

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

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

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