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(영문) 의정부지방법원 2014.12.15 2014고단3311
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. On June 8, 2014, the obstruction of performance of official duties and the Defendant injured the Defendant: (a) at around 21:18, while drunking the disturbance of D operation in front of the “E” of the operation of the Kuwon Hawon-gun, which was under the influence of alcohol on the road; (b) confirmed the details of the report by the police officer of the F Zone of the Kuwon Police Station, who was a police officer of the F Zone of the Kuwon Police Station (the age of 51) who was called for the Defendant after receiving the D’s report; and (c) described the Defendant as “hing a talk that would not take a bath,” and described as “I wish to see who is within the Korean National Police Agency, I will die and die,” and read the flab of G with his hand.

As a result, the Defendant caused the victim G to suffer bodily harm, gambling, inspection, etc. to the part of other wood that requires approximately two weeks of medical treatment, and at the same time interfered with the police officers' legitimate performance of official duties concerning the handling of 112 cases.

2. The Defendant publicly insultingd the victim by openly insulting the victim by referring the victim to “Ye, chrone, chrone, her chrone, her chrone, her chrone, and her chrone, her chrone, her chrone, her chrone, her chrone,” among those who are reported the 112 case at a time and place as referred to in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on H, G, I, and D;

1. Written statements of D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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. It is reasonable to strictly punish the Defendant on the grounds of sentencing under Article 62(1) of the Criminal Act, since he/she inflicts an injury on a police officer performing official duties, and insults.

However, the defendant shows an attitude against all the facts of crime in this court.

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