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(영문) 인천지방법원 2014.11.28 2014고단7536
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. On October 4, 2014, at around 23:00, the Defendant: (a) found in Gyeyang-gu Incheon Gyeyang-gu B lending; (b) caused the 1st floor door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door to the victim’s surface; and (c) caused damage to the string door door door of the said vehicle on several occasions.

2. 모욕 피고인은 제1항 기재 일시 및 장소에서 피고인이 난동을 부린다는 동네주민들의 112신고를 받고 출동한 계양경찰서 E파출소 소속 경사인 피해자 F로부터 사건 경위에 대한 질문을 받자, 피해자에게 “내가 너 까고 간다, 씨발 놈아, 씹새끼야, 좆같은 새끼야, 꺼져 개새끼야, 병신새끼야, 짭새 새끼야“라고 큰소리로 욕설하여 동네주민 등 10여명이 있는 자리에서 공연히 피해자를 모욕하였다.

3. The Defendant committed an act of obstruction of performance of official duties against the police officer’s body by cutting off the above slope F with the above slope F in order to petition the situation at the date, time, and place specified in Paragraph 1, thereby obstructing the police officer’s legitimate performance of duties concerning the duty of handling reports, by committing an assault, such as cutting off the above slope F with his body towards the face of the above F, cutting off his body f, cutting off his body f, cutting off his body f, cutting off his body f, cutting off his body f with his hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. Application of Acts and subordinate statutes to friendly photographs used for destroying vehicles and committing crimes;

1. Relevant Article 366 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the balancing of recommendations according to the sentencing criteria [the scope of recommendations] shall be the obstruction of performance of official duties.

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