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(영문) 서울남부지방법원 2018.09.06 2018고단3566
공무집행방해등
Text

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

Reasons

Punishment of the crime

[Criminal Records] On March 23, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (Habitual Injury) at the Seoul Southern District Court on March 23, 2017, and completed the execution of the sentence at Anyang Prison on July 5, 2018 [criminal facts]

1. On July 12, 2018, at around 08:30 on July 12, 2018, the Defendant: (a) moved up four standing signboards, the market price of which is unknown on the victim D while under the influence of alcohol in front of the C Gameland located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu.

Accordingly, the defendant damaged the victim's property.

2. The Defendant: (a) on July 12, 2018, at the same place as indicated in paragraph (1) around 09:00, the victim F, a security guard affiliated with the Seoul Young Military Police Station E District, dispatched to the site upon receipt of a report on the said details; and (b) on July 12, 2018, the Defendant:

"Publicly insulting victims by speaking in large interest, such as "," etc.

3. On July 12, 2018, the Defendant interfered with the performance of official duties was arrested and taken custody of a flagrant offender for committing an offense as described in paragraph (1) at E District located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, and then exchanged with H during the process of conversation with the E District of the Seoul Yeongdeungpo-gu Police Station E District.

"I am at the right face of H at the end of the horse one time by the hand of the defendant who was on the face of H.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with H and F;

1. Written statements of D;

1. A damaged photograph;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, each written judgment, reporting on previous convictions in disposition and reporting the results thereof, and applying Acts and subordinate statutes on personal confinement;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 366 of the Criminal Act (the point of destroying property) and Article 311 of the Criminal Act concerning the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code that aggravated concurrent crimes.

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