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(영문) 서울서부지방법원 2014.07.23 2014고단1195
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. The Defendant suffered property damage on April 17, 2014. Around 17:55, the Defendant was under the influence of alcohol in front of the D Hospital located in Eunpyeong-gu Seoul Metropolitan Government D Hospital, and was unable to enter the F-type verification sports flicked by the victim E on the lower unit of the passenger car.

Therefore, when the victim requests the defendant to flick on the part of the defendant, the victim damaged the property owned by the victim to 159,475 won of the repair cost by plucking mucks mucks attached to the above car in hand by plucking it with plucking, plucking, and cutting it into the hand floor.

2. The Defendant, upon receiving a report of 112 that he was under the influence of alcohol at the time and place set forth in the preceding paragraph, insultingly insulting the victims, who were sent to the Defendant by asking the Defendant about the circumstances of the instant case, including the foregoing E, while viewing that “The victims were sexually insultings, she would have been guilty of the crimes of this case, she was sexually insultings, she was sexually insultings, she was sexually insultings, and she was sexually insultings.”

3. The Defendant, at the time, and place indicated in the preceding paragraph, obstructed the police officer’s legitimate performance of duties concerning criminal investigations, etc. by assaulting both arms to the effect that the Defendant may be subject to punishment for insult if he continue to take a bath from the Inspector H with regard to the above abusiveing.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Statement of police statement made to H and I;

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

1. Articles 366, 311, and 136 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the sentencing guidelines for recommendation [the scope of the sentencing guidelines] the basic area (six months to one year and four months) of the obstruction of the performance of official duties (the obstruction of the performance of official duties) (the scope of the sentencing guidelines];

2. Determination of sentence is not good for the instant crime, and is against the crime.

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