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(영문) 서울남부지방법원 2014.06.16 2014고단922
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Power】 On December 16, 2003, the Defendant was sentenced to a suspended sentence of two years for the crimes of obstruction of performance of official duties, etc. at the Changwon District Court's Jinju Branch on August 16, 2003; on April 20, 2006, the Defendant was sentenced to a suspended sentence of three years for one year and six months; on October 7, 2010, the Seoul Central District Court sentenced to a suspended sentence of three years for the crimes of violation of the Punishment of Violence, etc. Act (a collective injury, deadly injury, etc.) at the Seoul Central District Court's Jinju branch on June 4, 201; on October 7, 2010, the Defendant sentenced the said suspended sentence to a suspended sentence of three years for one year and six months; on June 23, 2011, the Defendant was released as detained on June 4, 201, and the sentence became final and conclusive.

【Criminal Facts of Crimes】 On March 25, 2014, at around 14:30 on March 25, 2014, the Defendant heard the statement of the Defendant that D was assaulted by the Defendant at the third-class corporate support department office and office of the Seoul Yeongdeungpo-gu Seoul High Military Department of Labor (120), and the security guards of the Seoul Young Military Police Station C commander called at the site after receiving the report of 112, and prevented the Defendant from continuing the disturbance and taking a bath for the Defendant to arrest the police officer in the act of committing a crime, and obstructed the lawful performance of duties regarding the arrest of the police officer, by assaulting the Defendant, such as walking the said D’s chest and mouth, which were fluened by the police officer’s clothes, and walking the s

Summary of Evidence

1. The defendant's legal statement;

1. Each legal statement of E and D;

1. Examination protocol of the accused by prosecution;

1. Each police statement of E and D;

1. Previous records: Criminal records, etc.; attachment of inquiry reports; attachment of judgment of the same kind of case A; application of Acts and subordinate statutes on the status of personal identification and confinement;

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

1. As to the assertion of the Defendant and the defense counsel under Article 35 of the Criminal Act among repeated crimes.

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