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(영문) 서울남부지방법원 2018.05.09 2018고단1120
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On August 11, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor for interference with the execution of official duties in Seoul Southern District Court, and completed the execution of the sentence in the original prison on April 18, 2017.

[Criminal facts]

1. 공무집행 방해 피고인은 2018. 3. 14. 23:40 경 서울 영등포구 B에 있는 ‘C 편의점’ 앞에서 ‘ 취객이 쓰러져 있다’ 는 112 신고를 받고 현장에 출동한 영등포 경찰서 D 지구대 소속 경위 E가 피고인에게 귀가를 권유하자 술에 취해 아무런 이유 없이 “ 이 좆같은 새끼야, 니 미 씹이다, F 똘마니 새끼들” 이라고 욕설을 하면서 E의 얼굴과 근무 조끼에 침을 2회 뱉고 왼손으로 E의 뺨을 1회 때려 경찰관의 112 신고 사건 처리에 관한 정당한 직무집행을 방해하였다.

2. On March 15, 2018, around 00:39, the Defendant damaged things used by public offices, such as taking a bath to police officers in the Yeongdeungpo-gu Police Station D District District located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, Seoul, by asking the suspect waiting room several times, opening the suspect waiting room.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to E and H:

1. Results of the reproduction of CDs in the mobile phone site of the case;

1. Photographss of a DNA CCTV image to be cut;

1. Photographss of victims and damaged objects;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of the history of repeated crime and the records of the same crime), judgment (the case interfering with the execution of official duties by the Seoul Southern District Court 2016 High Court 2699 High Court), and the current status of personal expropriation;

1. Relevant Article 136 (1) 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), and Article 141 (1) of the Criminal Act (the point of damaging goods for public use and the choice of imprisonment);

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

(a) 1 offence;

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