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(영문) 서울북부지방법원 2014.11.27 2014고단3078
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 September 10, 2014, the Defendant: (a) around 22:15, 2014, performed official duties; (b) around the 179-2 crosswalk in front of and on the front of the 179-2 crosswalk, Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul; (c) the police officer affiliated with the same police box, who was called upon 112, sent a taxi engineer; and (d) the police officer affiliated with the same police box, who was called out after receiving the 112 report, sent the taxi engineer; and (d) sent the f to the said E

In addition, the Defendant prevented the Defendant from operating patrol cars by blocking the front of the patrol car operated by the said E, or putting him into the wheels of the patrol car, and continuously intending to continue to do so to the said E and F, and obstructed the Defendant’s lawful performance of duties concerning the maintenance of police officers’ order, crime prevention, etc. by assaulting the said E’s body and spiting and spiting it on the face of the said E.

2. 모욕 피고인은 위 일시, 장소에서, 횡단보도를 건너기 위해 여러 명의 사람들이 주변에 서 있는 가운데, 위와 같이 공무집행을 방해하면서 피해자들인 위 F, 위 E에게 “야 이 씨발놈아 이런 짭새 새끼가, 야 새끼야 너 이리 와봐, 저기 가서 좆네 까 줄께 개새끼야, 너 50명 불러다가 죽여 버릴꺼야”, “야 이 개새끼야, 좆까고 앉아 있네 개새끼” 라고 큰소리로 말하여 공연히 피해자들을 모욕하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. Application of Acts and subordinate statutes on investigation reporting;

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

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes within the extent that the punishment is added up the long-term punishment for the crimes of obstruction of performance of official duties heavier than the punishment);

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

Reasons for sentencing

1. The scope of applicable sentences under law: February 1, 196;

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