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(영문) 서울중앙지방법원 2014.06.24 2014고단1041

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:20 on January 5, 2014, the Defendant insultd victims by openly insulting the victim E and the victim F, a police officer affiliated with the Seoul Gwanak-gu Police Station D District, who was called upon receiving the above report, in the vicinity of the forest street located in 00:20, Gwanak-gu, Seoul Special Metropolitan City, and reported to the police by the Defendant and the police, while the victim E and the victim F, a police officer affiliated with the D District of the Seoul Gwanak-gu Police Station D District, who was called upon upon receiving the above report, wanting to fill the same bits, bits, bits, bits, bits, bits, bits, bits, bits, bits, bits, bits, bits, bits, bits, and bits, bits, bits, which were

2. The Defendant continued to interfere with the performance of official duties at the above date, time, and place, and at the above time, and at the above time and place, the Defendant committed an assault, such as putting the tobacco on the left hand, putting the fluent face of the fluence, and putting the fluence on the fluence, thereby obstructing the police officer’s legitimate execution of duties in relation to the suppression of crimes and maintenance of order.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, F, and E;

1. Each police statement of E and F;

1. Application of C’s written laws and regulations

1. Articles 136 (1) and 311 of the Criminal Act applicable to the crimes;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. In the case of the crime of obstruction of performance of official duties by recommendation type, the sentencing criteria are set at the lower limit of the sentencing criteria for the crime of insult and six months to four months to four months to the basic area of category 1, and the lower limit of the sentencing criteria is set at the lower limit of the sentencing range.

2. The defendant does not have serious degree of obstruction of performance of official duties, and there is no record of punishment of the same kind except for the punishment of insult, and the defendant's age, character and conduct, family environment, circumstances, means and result of the crime.