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(영문) 서울중앙지방법원 2018.10.18 2018고단2494
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

1. The Defendant, at around 08:40 on April 15, 2018, received from D1 vice head on one occasion in Seocho-gu Seoul Metropolitan Government, and from the victim E (25 tax) who is a security personnel, the Defendant was informed that he would not be able to do so.

“The victim was fluord by sound and assaulted once by the victim’s chest.”

2. The Defendant: (a) at the same place as in the preceding paragraph, at around 08:55 on the same day; (b) at the same time as in the foregoing E’s 112 report; and (c) at the FJG’s seat, the Defendant demanded the presentation of an identification card; (b) on the part of the FJG’s seat, the Defendant used the FJG’s seat on the part of the FJG, who called “12 cm in total length, approximately 3 cm in length on the part of the FJG; and (c) assaulted the G, such as: (a) threatening to immediately dispose of, and to throw off, on the part of the G, on two occasions; and (b) assaulted the G’s face on the part of the G, on the one hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression and investigation of police officers' crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Details of each testimony of the witness H, G, and E;

1. Protocol of seizure, list of seizure, and photograph of the side (the defendant and his defense counsel did not assault the victim E's chest, and there was no intention to obstruct police officers' performance of official duties;

However, according to each of the above evidences duly adopted and examined by the court, the crime of this case is found guilty.

Application of Statutes

1. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act - The scope of recommendations on the sentencing guidelines for sentencing - Group 1 (Obstruction of Execution of Official Duties) / [Scope of Recommendations] / The basic area (from June to one year and six months) (the person who is subject to special sentencing) / No. 2 (b) / The scope of recommendations / The person subject to violence (b) / The scope of punishment / The person subject to violence).

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