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(영문) 서울북부지방법원 2015.01.09 2014고단3681
공무집행방해
Text

A defendant shall be punished by imprisonment for 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

Punishment of the crime

On September 16, 2014, at around 02:35, the Defendant sent the back of the patrol box No. 17, which was located in Gangnam-gu Seoul, Gangnam-gu, Seoul. On September 16, 2014, the Defendant expressed to the police officer F of the above patrol box, who belongs to the Seoul Gangseo-gu, North Korean Police Station Estation, while on patrol duty, that the Defendant “at our house, fat, fat, fat, fat, fat, fat, fat, fat, etc., of the police officer’s face.” Although the above F notified that he was in the duty of patrol, it obstructed the police officer’s legitimate performance of duties concerning the crime prevention and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement-related Acts and subordinate statutes to F;

1. Article 136 (1) of the Criminal Act applicable to the crimes. Article 136 (1) of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) that the defendant repents his/her wrong, appears to be a contingent crime committed under the influence of alcohol, the degree of violence, and deposit a part of money for the victimized police officer);

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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