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(영문) 의정부지방법원 2017.11.01 2017고단4198
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On September 11, 2017, the Defendant: (a) received a request from the Ki Government Police Station C police officer belonging to the Ki Government Police Station C police station, who was dispatched after receiving a traffic accident 112, to prepare a traffic accident-related statement; (b) expressed the above slope D’s desire to read “I am fright, I am on the earth, I am fright, I am on the earth; and (c) ambling the body of the slope D’s face twice.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting duties.

2. The Defendant, from among many citizens visiting the place at the time and place as described in the foregoing paragraph 1, is found to be damaged, the Defendant is raising to the said slope D as the victim “ soon as impule, grow up;

2.2(2) farch farch farch farch farch, farch farch

In this case, the victim publicly insultingd the victim by openly referring to the desire to “the impule e............” to “the e.g., governance argue”.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect against each part of the defendant by the prosecution;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Statement made by the police against D;

1. Each simplified statement of E and F;

1. Notification to a department related to reporting 112 cases;

1. A photograph of damaged part of the victim;

1. Complaint;

1. Investigation report (verification of cell phone images taken by police officers);

1. Investigation report (verification of CCTV images for crime prevention);

1. Each mobile phone video CD;

1. Application of Acts and subordinate statutes in Part II of CCTV images;

1. Article 136 (1) and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The Defendant’s crime of this case with the reason of sentencing under Article 62-2 of the Criminal Act with respect to the observation of protection and community service order was obstructed and insulting by the police officers.

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