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(영문) 서울동부지방법원 2013.10.24 2013고단2034

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

except that 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 August 5, 2013, the Defendant: (a) received a notification of violation of the Punishment of Minor Offenses Act (unborn Vehicle) on the ground that he left a taxi at the D police box located in Gwangjin-gu Seoul Special Metropolitan City, on the ground that he left a taxi; (b) committed assault, such as tearing the written notification to E during the police box to which he belongs; and (c) towing the vessel of the above E by hand.

Accordingly, the defendant interfered with legitimate execution of official duties on the disposition of penalty by police officers.

2. The Defendant, while under the influence of 5 persons, including the date, time, place, etc. set forth in Paragraph 1, told the victims of an insult, and openly insultd the victims by referring to approximately 40 minutes of bitch bitch bits “,” “,” i.e., f., f., a bitch bitch bitch bitch bitch bitch bitch bitch bitch,” “,” i.e., f., a bitch bitch bitch bitch.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police with regard to F;

1. Each written statement of E and G;

1. Each complaint;

1. Application of the Act and subordinate statutes to the notice disposition receipt, taxi receipt, or copy of the penalty notice;

1. Relevant Article 136(1) of the Criminal Act; Article 136(1) of the Criminal Act; Article 311 of the Criminal Act; and the choice of imprisonment, respectively;

2. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of each such crimes, the aggravation of concurrent crimes with the punishment stipulated for the most severe obstruction of performance of official duties);

3. Article 62 (1) of the Criminal Act;