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(영문) 의정부지방법원 고양지원 2014.07.10 2014고단608
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On March 16, 2014, the Defendant used the Defendant’s wife and telephone call with the Defendant in order to transfer the Defendant’s new illness under the influence of alcohol, and used the Defendant to use the Defendant’s d's son phone call with the Defendant, and used the Defendant’s d's son frithe phone at one time to take over the Defendant’s fritha. C's son fritha while taking a bath as frithe;

Accordingly, the defendant interfered with the legitimate performance of police officers' duties concerning public peace and order maintenance.

2. In the time and place set forth in the above paragraph (1) above, while the Defendant heard F, etc., the victims were openly insultingd by the victim police officer D (the process of belonging to the Busan Police Station E District E District) and G (the horse belonging to the same jurisdiction) by saying, “Chewing franch franch. franch franch franch franch franch. franch franch franch. franch franch franch franch fransh. fransh fransh. fransh fransh. fransh fransh. f

Summary of Evidence

1. Statement by the defendant in court;

2. Statement made by the police against D;

3. A statement of the F;

4. Application of Acts and subordinate statutes to photographs of suspects and victims;

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

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of each sentence of imprisonment with labor;

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

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

6. The act of exercising violence against police officers performing duties in order to ensure the safety of citizens and maintain social order in sentencing under Article 62-2 of the Social Service Order Criminal Act is an element of sentencing unfavorable to the defendant.

On the other hand, the fact that the defendant recognized most of the facts charged in the instant case and reflected, deposited one million won for the victims of insult, there is no record of crime to pay attention, and support the wife and two children.

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