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(영문) 서울북부지방법원 2016.10.07 2016고단1926
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On October 23, 2013, the Defendant, at the Seoul Northern District Court, sentenced one year and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief). On February 21, 2015, the Defendant completed the execution of the sentence in the Second Correctional Institution for North Korea.

【Criminal Facts】

1. At around 20:40 on May 13, 2016, the Defendant repeated the phrase “the police officer E belonging to the above global belt, who is asked for a resident registration number to be knee and knee when knee is asked to ask the Defendant to the police officer E, who is in charge of asking for a resident registration number in the situation where the Defendant was called at the D District Office of the Seoul Seongbuk Police Station located in Seongbuk-gu Seoul, Seoul, and called “the time when knee is sneed to be kneed to be sneed, and can be said to be at the house at the time of drinking to be kneed” from the above E. However, the Defendant assaulted the above E by hearing the phrase “the time is inside, and the resident registration number can be said to be going to be going to be going to the front of the left part of the above E.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on public peace and maintenance of order.

2. On May 13, 2016, the Defendant violated the Resident Registration Act: (a) around 20:30, the Seongbuk-gu Seoul Seongbuk-gu Seoul Seoul Seoul Seoul Northern Police Station D District District; (b) the police officers affiliated with the said District D District D District, requesting the Defendant’s resident registration number, prepared the FG resident registration number as if he/she were, and submitted it for unlawful use.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Mebato;

1. Previous records of judgment: Criminal history records, inquiry reports, criminal investigation reports, judgment attached thereto, application of Acts and subordinate statutes of the individual inquiry and inspection of personal data;

1. Relevant Article 136(1) of the Criminal Act, Article 37 subparag. 10 of the Resident Registration Act (the illegal use of another person’s resident registration number), and the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent offenders.

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