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(영문) 서울남부지방법원 2017.04.14 2017고합71
특수공무집행방해치상
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal records] On October 28, 2015, the Defendant was sentenced to imprisonment with labor for ten months by obstructing the performance of special official duties at the Seoul Southern District Court on July 31, 2016 and completed the execution of the sentence in the Ansan Prison.

[2] On February 13, 2017, at around 14:00 on February 13, 2017, the Defendant filed a report with 112 on the content of “homicide” at the Defendant’s residence of Yeongdeungpo-gu Seoul Metropolitan Government Defendant, and was asked questions about the details of the report from the Defendant’s police box affiliated with the Seoul Yeongdeungpo-gu Police Station D branch of the Seoul Yeongdeungpo-gu Police Station D branch of the Police Station D branch of Yeongdeungpo-gu, Seoul, who was called for under the order by the Defendant, “I am kb kb kb kb kb kb kb k

Chewing typ, chrop, and chrop gurh, were flab, which was a dangerous object at the same time, and the victim suffered approximately two weeks of medical treatment, as it was suitable for the victim’s right end end end, and the victim suffered approximately two weeks of medical treatment.

Accordingly, the defendant carried dangerous articles and interfered with the legitimate execution of duties of the victim, who is a police official, and suffered injury to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. A statement prepared by the F;

1. On-site photographs, such as the site, and the report processing sheet and the medical certificate;

1. Previous convictions in judgment: The application of inquiry letter, personal acceptance status, previous convictions in disposition, and reporting-related Acts and subordinate statutes;

1. Article 144 (2) and (1) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing)

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to twenty-five years; and

2. The scope of the recommended punishment based on the sentencing guidelines: from three to seven years (the type of determination) of imprisonment for a crime that interferes with the performance of official duties, the category 1 (the injury or injury caused by the disturbance of special official duties) for the same type of repeated crime [the person subject to special aggravation] [the area of recommendation and recommendation] increased area, three years to seven years of imprisonment.

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