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(영문) 춘천지방법원 원주지원 2015.11.18 2015고단820
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than five 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. At around 00:40 on August 29, 2015, the Defendant found the victim D's patrol boat, the security guards belonging to the original police station, in front of the C cafeteria located in the original city, in front of the C cafeteria, and caused the victim E, who is a policeman belonging to the said police station, to stop on the ground of the fact that the Defendant was sentenced to a recent fine, while under the influence of alcohol, by putting the first window of the said patrol boat on the ground that the Defendant was fluencing, and then, the Defendant expressed the victim E, who is a policeman belonging to the said police station and the victim E, who is the victim D and the same police officer, in the presence of a large number of unspecified pedestrians, with the view to “ging, eating, drinking, ging, drinking, and ringing.”

Accordingly, the defendant insultd the victims openly.

2. The Defendant committed an assault, such as, at the time and place as stipulated in paragraph (1), the performance of official duties, after making a stop as stipulated in paragraph (1), the police officer assigned to the senior patrol team of the senior police station of the senior police station, who was called out after receiving a report of 112, and making the police officer take a bath to the said D, threatening the front glass of the said patrol vehicle to take a bath once, threatening the Defendant to take off the front glass of the said patrol vehicle by drinking, and threatening the Defendant to take the body of the said D, who prevented the Defendant from getting off from the said patrol vehicle.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to D, E;

1. Investigation report (Attachment to 112 Report Processing);

1. Application of each statute on filing of a complaint;

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

1. Articles 40 and 50 of the Criminal Act among the crimes of insult;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act is the probation and community service order and lecture order.

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