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(영문) 서울북부지방법원 2015.02.12 2014고단4702

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight 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 15:00 on December 10, 2014, the Defendant reported to send a police officer without any justifiable reason under the influence of alcohol at the Defendant’s house located in Seoul Special Metropolitan City, Nowon-gu 101 Dong 501, 501, and subsequently expressed to the victim E (56 years of age) in the circumstances surrounding the Nowon Police Station D District of the Nowon-gu Police Station called “Chewing feass” to the victim E (56 years of age), who called the victim’s feassing feass by drinking the victim at one time, and assaulted a public official performing his/her duties at the same time, by doing so.

2. On December 15, 2014, the Defendant: (a) arrested a flagrant offender in the Nowon-gu Seoul Special Metropolitan City Nowon-gu Seoul Special Metropolitan City Nowon-gu Police Station D District on the charge of obstructing the performance of official duties as described in the above paragraph (1); (b) requested the above victim to ask for water; and (c) assaulted a public official in charge of the performance of official duties by spreading water into the face of the Ynju-gu victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A medical certificate;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 136(1) and 257(1) of the Criminal Act (the point of injury and the choice of imprisonment) of the relevant criminal law concerning the criminal facts;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on the crimes of obstruction of performance of official duties, between the crimes of injury and the crimes of serious injury on December 15, 2014);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for heavier injury);

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the defendant is a basic livelihood recipient who has led to the confession of all crimes in the

1. Social service order under Article 62-2 of the Criminal Act;