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(영문) 서울북부지방법원 2014.12.18 2014고단3774
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

except that 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. Around September 17:41, 2014, the Defendant insultd the victim publicly by putting the victim “C, who is an employee of the Gu office, who is a guard belonging to the Seoul Southern Police Station B District, and of an unspecified number of general petitioners, and was sent by the Gu office, after receiving a report from the employees of the Gu office, that the Defendant was in a fluort of a fluort of a fluort of a fluor of a fluor of a fluor of a fluor of a bitch, a horse, and a fluor of a bitch of a bitch of a bitch,” without any justifiable reason, while

2. Obstruction of Performance of Official Duties and the Defendant injured the victim D (age 34) who was the police officer belonging to the Seoul Central Franc Police Station B District B, called as above C at the time and place set forth in paragraph (1) of this Article, prevented the Defendant from taking a bath as set forth in paragraph (1), thereby causing the victim’s injury one time, resulting in the victim’s injury, resulting in an unsatisfy in the number of days of treatment.

Accordingly, the defendant assaulted the victim to interfere with legitimate execution of duties concerning public safety and maintenance of order, and at the same time injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, C, E, and F;

1. A complaint;

1. Application of Acts and subordinate statutes to photographs and medical certificates of victimized police officers;

1. Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on the crimes of obstruction of performance of official duties, the crimes of bodily injury, and the punishment imposed on the crimes of serious bodily injury);

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (to the extent that the punishment is aggregated with the crime of insult and injury, and that the punishment is more severe)

1. The crime of this case with the reason for sentencing under Article 62(1) of the Criminal Act is insulting and violent act against the police officers dispatched by the defendant while drinking alcohol at the Jung-gu Office.

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