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(영문) 서울남부지방법원 2015.11.25 2015고단3839

공무집행방해등

Text

A defendant shall be punished by imprisonment for four 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. At around 15:10 on August 30, 2015, the Defendant: (a) received a recommendation from G in the front of the E cafeteria and the restaurant located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul; (b) but rejected the recommendation from G in the F District of the Seoul Yangcheon Police Station, a slope H, and I to incur treatment by going to the hospital; (c) spit the chest of the H slope into the face; (d) spit the chest of the her chest with the head; and (e) spit it into the face; and (e) spits the chest of the I slope with the head with the upper head with the upper head; and (e) assaulted the chest of G’s chest.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

2. As the Defendant reported at the above date, time, place of 119 first responders and in a place, the Defendant publicly insultingd the victims by referring to the “Y Y Y Y Y Y Y Y Y YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY Y YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY Y YY Y Y Y Y Y Y Y Y Y

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning H, I, and G;

1. Written statements of J and K;

1. Photographs of the damaged police officer;

1. Application of Acts and subordinate statutes concerning investigation reports (related to the filing of criminal images);

1. Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties) and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties);

1. Selection of each sentence of imprisonment;

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. Although the Defendant had been subject to punishment for the same kind of crime in the past, the Defendant cannot be deemed to have committed the crime of this case, and the obstruction of the performance of official duties or the degree of insult cannot be deemed to be minor.

However, the defendant is dismissed.