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(영문) 서울중앙지방법원 2016.10.11 2016고단5511
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On January 20, 2016, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Southern District Court for obstruction of performance of official duties, etc., and on January 28, 2016, the Defendant was finally and conclusively sentenced to suspension of execution, and is currently under suspension of execution;

1. On August 12, 2016, around 21:35, when the victim D (n, 69 years of age) located in Dongjak-gu Seoul Metropolitan Government, entered the house, living room and inside room, and intrudes on the victim’s residence through open entrance.

2. On August 12, 2016, the Defendant was arrested in the act of committing an act of committing an offense and led to the E-district of the Seoul Dongjak Police Station, which was called upon by the Defendant, upon receiving 112 reporting that the Defendant infringed upon D’s residence, as described in the foregoing paragraph (1).

At around 22:00 on the same day, the Defendant assaulted the police officers in the E zone located in Dongjak-gu Seoul Metropolitan Government, by asking the Defendant personal information in order to prepare a letter of arrest of flagrant offender, such as taking one head of the border of the E zone in the Seoul Dongjak Police Station E zone located in the Dongjak-gu Seoul Metropolitan Government, where the Defendant asked the Defendant to write down a letter of arrest of flagrant offender, and destroying the chest part of the Defendant’s breast part of the Ha on one stop.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D and H;

1. Each investigation report;

1. Criminal records;

1. Application of a copy of judgment;

1. Relevant provisions of the Criminal Act and Articles 319(1) and 136(1) of the Criminal Act (the choice of imprisonment or imprisonment with prison labor) concerning the crime;

1. Examining the various circumstances indicated in the record, such as the background leading to the instant crime, method of the commission of the crime, the act of the accused before and after the instant crime, and the circumstances after the instant crime, determination as to whether the Defendant has a mental disorder under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act aggravated concurrent crimes.

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