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(영문) 서울중앙지방법원 2015.09.16 2015고단4315
공무집행방해등
Text

A defendant shall be punished by imprisonment for four 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 19:55 on March 29, 2015, the Defendant insultd the victim “D” in front of the restaurant located in Dongjak-gu Seoul Metropolitan Government, by talking that the Defendant returned home or used another restaurant from the victim F in the circumstances where the Defendant was affiliated with the Dongjak Police Station E-gu Seoul Police Station E zone, and called that the Defendant returned home or used another restaurant, which was called by the victim F, who was dispatched after receiving a report from the Defendant’s 112 that the Defendant ped the cafeteria at the restaurant, and by talking that the said F is “h, Emp, bitch bit, bitch bitch bitch.”

2. The Defendant committed assault, at the above date, at the above time, by hand, at the above F’s demand for returning home from the above F, such as cutting down the above F’s shoulder, and turning down his shoulder once.

As a result, the Defendant interfered with the legitimate execution of duties concerning the dispatch of police officers' 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. G statements;

1. Photographs;

1. Application of Acts and subordinate statutes to recording notes;

1. Article 136 (1) of the Criminal Act and Article 311 of the Criminal Act concerning the crime;

1. Selection of each sentence 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 (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act is divided into his/her mistakes, there are no criminal records of the same kind or any criminal

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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