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(영문) 서울북부지방법원 2014.08.01 2014고단2070
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 20:45 on June 21, 2014, the Defendant, at the center of Seongbuk-gu Seoul, 2014, she saw a disturbance between several times, such as her house and the gate in a large voice, and her house gate, and her house gate were sent to the Defendant after receiving 112 report, she was solicited by the victim E who was a slope belonging to the Seoul C District District Unit of the Seoul C District Police Station, and the number of her four residents were heard, and the Defendant insulting the victim by openly insulting the victim during the victim’s appearance, including the victim’s “this son is a police officer, she will throw the her house, her part, and her part will throw the her house, and there is no container of her house fat, so that she might die in the inside of the day.”

2. At around 21:00 on June 21, 2014, the Defendant: (a) arrested a disturbance, such as taking a bath as above; (b) boarded the front seat of the patrol vehicle; and (c) took a bath to the slope belonging to the said patrol vehicle, waiting for another police officer, and assaulted the front part of the head of the said E on one occasion.

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression of police officers' crimes and the escort of arrested suspects.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. G statements;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Articles 311 and 136 (1) of the Criminal Act concerning facts constituting an offense.

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 on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that the defendant is living in custody for 40 days in depth, appears to be an contingent crime committed under the influence of alcohol, and that the defendant has no record of criminal punishment in recent years after 2009);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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