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(영문) 서울북부지방법원 2018.01.26 2017고합365
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal records] On May 19, 2016, the Defendant was sentenced to one year of imprisonment with prison labor by obstructing business operations at the Seoul Northern District Court, and four months of imprisonment with prison labor at the Seoul Eastern District Court on February 9, 2017, and the execution of the final sentence at the Seoul Southern Prison on August 1, 2017 was terminated.

[2] On August 7, 2017, the Defendant, around 14:30 on August 7, 2017, 2017, the Defendant assaulted the victim E in front of the Dongdaemun-gu Police Station D Public Security Center located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, about the background leading up to the above police station, such as “the head of the lost household. Findings the victim’s face and clothes by drinking and sprinking the victim’s face and clothes.”

As a result, the Defendant interfered with the legitimate execution of duties by police officers regarding civil petition counseling, and at the same time, the Defendant inflicted on the victim about two weeks of medical treatment, such as the right-hand gambling room, etc.

around 17:25 on August 5, 2017, the Defendant: (a) around 17:25, 2017, the victim H selling coodt in the front of “G” hospital located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul; (b) 800,000,000 won of the victim’s market value of coodt left on a simple table store; and (c) fallon-one mobile phone in the victim’s market value; and (d) fallon-type between the victim and the fallon.

Accordingly, the Defendant stolen the property owned by the victim.

Summary of Evidence

【Criminal Records】

1. References to inquiries, such as criminal history, and the results of search by prisoners;

1. Each legal statement of witness E and I;

1. Written statements prepared by the J;

1. On-site photographs and CCTV video CDs;

1. The part and degree of injury in the judgment: The defendant and his defense counsel asserted that the act of defense constitutes an act of defense against the defendant's act of assaulting unfairly without hearing the words of the defendant who found the victim E to report the loss in the case of obstruction of the performance of official duties and the crime of injury in the judgment, and thus, it constitutes a legitimate defense or excessive defense.

However, it is not found that the CCTV images that have taken the site did not assault the defendant.

The defendant.

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