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(영문) 서울남부지방법원 2015.08.27 2015고단2886

공무집행방해등

Text

A defendant shall be punished by imprisonment for not more than ten 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 July 15, 2015, the Defendant driven a Dminc-miner vehicle under the influence of alcohol by 0.148% of the blood alcohol concentration from approximately 150 meters away from the 7-way road of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul to the front road of the Seoul Metropolitan Building.

2. On July 15, 2015, at around 00:24, the Defendant openly insultingd the victim by 10 minutes, such as “this son, chrop, chrop, bitch bitch, and bitch bitch bit,” among the victim F, a staff member of the Seoul Yeongdeungpo-gu Police Station E district unit, who was dispatched to the site upon receipt of a traffic accident report.”

3. On July 15, 2015, the Defendant committed assault, such as: (a) within the Seoul Yeongdeungpo Police Station E-gu Seoul, Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and (b) in order to prevent the Defendant from posing a heavy desire, fluoring, and fluoring the Defendant, the Defendant: (c) the Defendant: (d) the sloping slope belonging to the said global group prices the Defendant the Defendant the Defendant’s chest’s chest with his/her fingers; (d) the Defendant fluords the Defendant with his/her upper part of his/her arms; and (e) the price the har’s upper part of the H’s upper part of the h’s upper part with his/her upper part; and (e) the h

Accordingly, the defendant interfered with legitimate execution of duties concerning safe guard, crime prevention, suppression, etc. of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and H;

1. A complaint;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. Application of the Acts and subordinate statutes to photographs by a police officer's photograph on the H damaged part of the earth or by capturing CCTV images in the earth;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that choose the penalty, Articles 311 and 136 (1) of the Criminal Act, and the choice of imprisonment, respectively;

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. The reason for sentencing of Article 62-2 of the Criminal Act for providing community service and attending lectures [the scope of recommending punishment (the criteria for handling multiple offenses)].