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(영문) 서울서부지방법원 2016.11.15 2016고단2987

공무집행방해등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. Around September 21, 2016, the Defendant: (a) reported on September 19:15, 2016 that a certain person was drinking at the front of Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (b) and (c) the victim E of the police officer affiliated with the Seoul Western Police Station D Zone D District, Seoul, sent out, solicited the Defendant to return home to the Defendant by the Defendant; and (d) the Defendant made a public insult of the victim of the police officer E, who was called the victim of the Seodaemun Police Station D Zone D District of Seodaemun-gu, Seoul, Seodaemun-gu, Seoul, to the effect that he would have been drinking; and (d) the victim called “I am unftened so as to be hicker that I are the police officer, or that I are hicked, and the victim

2. In the process of arresting the Defendant as an offender in the crime of insult on the grounds as stated in paragraph (1) at the time and place stipulated in paragraph (1), the Defendant expressed that the police officer attempted to have the Defendant on the patrol vehicle “I am shot, she will see whether I am going to go to the Marine Corps, and will receive face to E by the police officer as stated in paragraph (1), and assaulted the said police officer with drinking to the effect that I am to the police.

Accordingly, the defendant interfered with the legitimate execution of official duties of police officers on the arrest of flagrant offenders and the maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to E written statements;

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decisions 2009Do120, Jan