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(영문) 서울중앙지방법원 2014.10.31 2014고단5936
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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 July 29, 2014, at around 04:40, the Defendant: (a) on the street in front of the “marate” located in the Cheongcheon-gu Seoul, Jungcheon-gu, Seoul; (b) reported that there was a person who fright to wear a pedal; and (c) on the patrol vehicle, the Defendant Da head belonging to the Gyeong-gu, Seoul, Police Station B, who called the Defendant to fright to fright and fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright

Accordingly, the defendant interfered with the legitimate execution of police officers' duties.

2. Around 04:50 on July 29, 2014, the Defendant: (a) was arrested on a flagrant offender for the same reason as that of paragraph (1) at the Seoul Jongno-gu Seoul Police Station B District; and (b) took a bath to the slope E belonging to the said B District, while complying with D et al., the Defendant expressed to the said slope E, “I Chewing, I saw, I son, and I son.”

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of partial police interrogation of the accused;

1. Statement to C by the police;

1. Written statements of D;

1. Application of statutes governing the place of work;

1. Relevant Article 136(1) of the Criminal Act and Article 311 of the Criminal Act concerning criminal facts (the point of obstructing performance of official duties and the choice of imprisonment), the choice of punishment (the point of insult and the choice of imprisonment);

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. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] is that there is no basic area (six months to one year and four months) of the obstruction of performance of official duties (decision of sentence] [decision of sentence] the defendant is against the defendant, the degree of damage of this case and the fact that the defendant has no record of the same kind of crime. It is so decided as per Disposition for the above reasons.

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