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(영문) 서울북부지방법원 2019.11.26 2019고단3322
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Power] On December 14, 2018, the Defendant was sentenced to six months of imprisonment for the crime of assault at the Seoul Northern District Court on March 12, 2019 and completed the execution of the sentence at the Seoul Eastern Detention Center.

【Criminal Facts】

On August 3, 2019, at around 15:02, the Defendant 15:02, at the Gangnam-gu Seoul Northern City Park 55-ro 67-ro, Gangnam-gu, Gangnam-gu, Seoul, the Defendant: (a) was under the influence of alcohol and was under the influence of alcohol, and was under the control of C, who was sent to the police station B police box, and was under the control of C, and was under the control of C.

Accordingly, the defendant assaulted police officers who perform legitimate duties in relation to the maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Previous convictions indicated in judgment: Criminal history records, etc. and investigation reports (verification of the expiration of the term of punishment related to recidivism A) shall apply to statutes;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act, among repeated offenders, has already been 12 times prior to the Defendant including the previous offense; the Defendant committed the instant crime during the repeated offense period; the degree of the instant assault; the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and the circumstances revealed in the records and arguments, such as the circumstances after the commission of the crime.

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