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(영문) 서울북부지방법원 2015.11.03 2015고단3305
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On November 22, 2013, the Defendant was sentenced to imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violence, etc. at the Seoul Northern District Court on November 22, 2013, and completed the execution of the sentence on November 27, 2014.

【Criminal Facts】

At around 16:20 on September 18, 2015, the Defendant: (a) returned the 1112 report by the mother of the Defendant, and solicited the Defendant to return home; (b) the police box belonging to the Seoul provincial police station, which called the Seoul provincial police station, sent out after having received the 112 report by the mother of the Defendant; and (c) the Defendant, who interfered with the e-mail, sent back the e-mail at one time; (d) the above e-mail was shot, dead and abandoned; and (e) carried the e-mail, and opened the police uniform by hand.

As a result, the defendant assaulted police officers, thereby obstructing police officers from performing their legitimate duties on handling 112 reports and preventing crimes.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of the police statement of E;

1. A criminal investigation report (Submission of a victim's opinion) and a statement of opinion;

1. Previous convictions: Application of criminal records, investigation reports (pre-trials and confirmations / Non-dispositions, court rulings, and inquiry and certification of confinement);

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of recommendations on the sentencing criteria [the scope of recommendations] shall be the basic area (6 months to 1 year and 4 months) of the obstruction of performance of official duties (the scope of recommendations].

2. The sentence shall be sentenced in consideration of the fact that the defendant who was sentenced to a suspended sentence of imprisonment for the same kind of crime on or around 2010 was sentenced to a suspended sentence of imprisonment, and that the defendant committed the crime in this case even during the period of repeated crime committed

However, this case's age, character and behavior, environment, motive, means, results, etc. of the crime are not serious in the degree of violence, the mistake is divided and reflected, and other cases' age, character and behavior, environment, motive and means of the crime, circumstances after the crime, etc.

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