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(영문) 서울서부지방법원 2013.03.13 2012고단2478
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 10, 2012, the Defendant engaged in obstruction of performance of official duties, at around 02:00, in a zone in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and solicited the Defendant to return home while under his/her influence, D et al., who is an inspector belonging to the Defendant, to leave the zone, and to correct the door, the Defendant left the zone outside the zone and opened the door again, and obstructed the police officer’s legitimate performance of duties in relation to the police officer’s duties of maintaining public order by assaulting the Defendant, such as the Defendant’s d’s falp, and the Defendant’s falp, with his/her own hand, with his/her escape and walking the part of his/her left door.

2. At around 02:30 on November 10, 2012, the Defendant: (a) expressed the victim E, who is a slope belonging to the said place, as the Defendant arrested the Defendant at the suspicion of obstruction of performance of official duties; (b) expressed the victim E with a large bit of “the same bit of bitch bitch bitch bitch bitch bitch bitch bitch,” and continuously expressed the victim F, who is a slope belonging to the said place, expressed the victim E to “I must do so, and have the same bit of waste.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Each statement of E and F;

1. Application of each statute on photographs;

1. Relevant Article 136 (1) of the Criminal Act concerning the crime, Article 311 of the Criminal Act. Article 311 of the Criminal Act

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more (i.e., the background of the instant crime, the degree of violence and insult, the defendant's reflection, the entry and living process, etc.);

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