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(영문) 서울중앙지방법원 2016.10.19 2016고단5134

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. On May 2, 2016, at around 16:35, the Defendant engaged in obstruction of performance of official duties: (a) assaulted the police officer’s legitimate execution of duties on the police officer’s protective measures, such as assaulting the above E’s knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kn-k

2. The Defendant insultd the victims, at the above date, at the victim D (the age of 48) and the victim E (the age of 35), respectively, by talking the victims, such as referring to the bitch bitch bitch bitch bitch bitch bitch bitch bitch, referring to the bitch bitch bitch bitch bitch bitch bitch bitch,

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. A criminal investigation report (on-site confirmation, cancer, etc.) (the defendant asserts to the effect that he/she was in a state of mental disorder or mental disability by stating that he/she was unable to memory under the influence of alcohol at the time of the crime of this case. According to the records, although he/she was found to have drinking alcohol at the time of the crime of this case, it cannot be deemed that the defendant had no or weak ability to discern things or make decisions. Thus, the above argument is rejected). The application of the law is not accepted.

1. Article 136 (1) of the Criminal Act 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;

1. Selection of each sentence of imprisonment;

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. The sentencing criteria [Scope of Recommendation] The sentencing criteria is not set for insults that have no basic area (six months to one year) (special person) of the basic area (six months to one year) of the obstruction of performance of official duties.