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(영문) 서울남부지방법원 2015.10.28 2015고단2973
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

To order the defendant to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[2015 Highest 2973] Around 16:20 on July 19, 2015, the Defendant: (a) sent to D Hospital located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, 846 Young Military Station No. 6, and was sent by the 119 first aid unit to D Hospital in Yeongdeungpo-gu, Seoul; (b) reported that the Defendant’s appearance was good and false; and (c) asked whether the fire brigade belonging to the Yeongdeungpo-gu fire station, E, fire fighter, and fire fighter were called and asked about whether the Defendant had any danger material that he was in possession of Gap’s own bath, and committed assault, such as taking the so-called e’s head, and making it fit for the left shoulder of the said E’s left shoulder.

Accordingly, the defendant interfered with legitimate performance of official duties concerning E and F life-saving and first-aid services, who are public officials using dangerous things.

[2015 Highest 3321] On August 7, 2015, the Defendant made a public disclosure of obscene act by exposing 20 minutes from the Defendant’s sexual organ from around 20 minutes, on the ground that the Defendant was made a telephone of 119 and 112 at the Yeongdeungpo-gu Seoul Highest Station that was located in Yeongdeungpo-gu Seoul Highest Gyeongporo, but was not taking the Defendant’s horse, and that it was not taking the Defendant’s horse.

Summary of Evidence

[2015 Highest 2973]

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. A victim's photograph (2015 high group 3321);

1. Defendant's legal statement;

1. Application of statutes on site photographs;

1. Articles 144(1) and 136 of the Criminal Act and Article 245 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Special Duties);

1. Selection of each sentence of imprisonment;

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

1. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed by the Defendant to a subordinate soldier after filing a false report is very serious to commit the instant special obstruction of performance of official duties.

The defendant is a past violent crime.

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