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(영문) 서울남부지방법원 2016.06.30 2016고단1752

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around April 24, 2016, around 13:27, the Defendant’s insultd the victim E-house located near the victim E-house located in Yeongdeungpo-gu Seoul Metropolitan Government, and the victim’s report that the victim, such as F, was able to talk, and the victim’s “I am hyp?h?h?h? I am hyp?h??h?h?h??h?h?h??h??h?h??

여기다가 내가 오줌 쌀 수 있게 소변기를 만들어 놨어야지!

Central Central Central Central Republic Republic Republic Republic Republic Republic Republic of Korea held that this year's price per annum is "sik," thereby openly insulting the victim.

2. The Defendant interfered with the performance of official duties at the same time and place as set forth in paragraph 1, and at the same time and place as set forth in paragraph 1, and upon receiving a demand for presentation of identification cards from the security guards and H of the Seoul Young Military Police Station G District Unit, the Defendant assaulted the above H, “Woo Y Y Y Y. Y. Y. Y.” The Defendant interfered with the police officer’s legitimate performance of official duties in relation to the prevention, suppression, and investigation of the crime, by assaulting the above H’s face, by stating that “

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and E;

1. Application of Acts and subordinate statutes to victim police officers' photographs and opinions on H damage;

1. Relevant legal provisions concerning facts constituting an offense and obstructing the performance of official duties of option of punishment: Article 136 (1) of the Criminal Act (Selection of Imprisonment): Article 311 of the Criminal Act (Selection of Imprisonment);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the scope of the sum of the long-term punishments for each crime committed in the judgment heavier than punishment)

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] shall be limited to the lower limit of the recommended punishment on the grounds that the sentencing criteria is not set for the offense of insult, which is concurrent with the offense of obstructing the performance of official duties without any special sentencing guidelines, in the basic area (six months to one year and four months).

2. Determination of sentence: Imprisonment with prison labor for six months, and the defendant for two years in a suspended sentence shall interfere with the execution of public duties in a deceptive scheme;