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(영문) 서울남부지방법원 2016.02.17 2015고단5547
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 01:00 on December 15, 2015, the Defendant publicly insultingd the victim by publicly insulting the victim, “I am in the middle of the Saemaul Undong-gu Seoul, Guro-gu, Seoul, the Defendant, who was reported 112 and was dispatched to the Defendant after receiving the 112 report, and was demanded to present his/her identification card from D, the police box in Seoul, Guro-gu, Seoul, the police station C, who was in receipt of a request to present his/her identification card from the police officer D, who was in charge of the above B and other criminal acts.”

2. The Defendant interfered with the performance of official duties at the time, at the same time, and at the place mentioned in the preceding paragraph, arrested a flagrant offender from D above on the same day, and caused the Defendant to depict D’s breath by carrying out a bath to “D’s d’s flab, flab, and flab.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A complaint;

1. E statements;

1. Application of the Act and subordinate statutes to a criminal investigation report (Attachment of suspect image CDs);

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of public duties), Article 311 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

1. The minimum limit of the punishment for concurrent crimes under the former part of Article 37 of the Criminal Act among the crime for which the sentencing criteria are set, the fact that the defendant is in depth of the crime, the fact that there is no history of punishment exceeding the fine, the obstruction of the performance of official duties for which the sentencing criteria are set, and the offense of insult for which the sentencing criteria are set, and the minimum limit of the punishment for concurrent crimes under the former part of Article 37 of the Criminal Act among the crimes for which the sentencing criteria are set. The scope of the recommendation for obstruction of the performance of official duties is set forth in the following:

Obstruction of the performance of official duties (the scope of recommendations) shall interfere with the performance of official duties.

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